For developers looking to transform a single-family residential property into a multi-family development, rezoning is an essential first step. This process can seem complex, involving multiple stages, city approvals, and extensive paperwork. Here’s a step-by-step guide to obtaining rezoning, focusing on the key elements involved, from city interaction to the timing and paperwork requirements.
Step 1: Research and Pre-Application Phase
Before submitting any application, thorough research is critical. Developers should:- Understand the local zoning bylaws: Each city has zoning regulations that dictate what type of buildings can be constructed in a particular area. Zoning bylaws provide details about density, building height, lot coverage, and setbacks.
- Review the Official Community Plan (OCP): The OCP outlines the city's long-term development goals, including areas where multi-family housing might be encouraged or discouraged. If your proposed rezoning aligns with the OCP, your chances of success are higher.
- Consult city planning staff: Arrange a pre-application meeting with the city's planning department to discuss your proposal and ensure you understand their requirements. This step can save time by identifying potential issues early on.
Step 2: Submit a Rezoning Application
Once the preliminary research is complete and the proposal aligns with the city’s regulations and long-term goals, developers can submit a formal rezoning application. The application package often includes:- Rezoning application form: Available through the city's planning department or website.
- Site plans and architectural drawings: These must show the existing conditions and proposed changes, including building layout, parking, and landscaping plans.
- Development rationale: A written explanation detailing why the rezoning is necessary, how it aligns with the OCP, and the benefits to the community (e.g., affordable housing, urban densification).
- Land Use Assessment (if required): Some cities require a professional assessment to evaluate how the rezoning will affect traffic, infrastructure, and neighborhood character.
- Public notification package: Some municipalities require developers to notify nearby residents about their rezoning intentions, which might include information brochures or holding a public information session.
Step 3: Application Review by City Staff
Once the rezoning application is submitted, the city's planning staff will review it for compliance with zoning bylaws, OCP, and any additional local regulations. They will:- Evaluate the proposal’s impact: City planners will assess whether the rezoning is appropriate for the area in terms of traffic, density, environmental impact, and community needs.
- Engage with other city departments: Depending on the project, departments such as engineering, transportation, or parks may need to review the proposal to ensure that infrastructure can support the new development.
Step 4: Public Consultation
In most cities, public consultation is a required part of the rezoning process. This includes:- Notifying surrounding property owners: As part of the public notification process, the city may require developers to notify nearby residents and businesses about the proposed zoning change.
- Hosting public hearings or meetings: Some municipalities host public meetings or hearings where residents can voice their opinions on the development. Developers may need to attend these meetings to address concerns and answer questions.
Step 5: Council Review and Decision
After the public consultation and internal review, the city’s planning staff will compile a report that includes:- Recommendations: Based on the findings, the planning staff will either recommend approval or rejection of the rezoning application to the city council.
- Conditions: If the city supports the application, they may impose conditions, such as traffic impact mitigation, affordable housing provisions, or community amenity contributions (CACs).
Step 6: Development Permits and Final Approvals
If the rezoning application is approved, developers must then apply for development and building permits. These permits will allow the actual construction to begin and may include additional site assessments, environmental reports, or infrastructure upgrades.Timing: Obtaining development permits can take an additional 1-3 months, depending on the size of the project and the city’s requirements.Summary of Timeline
- Pre-application research and consultations: 1-3 months
- Submit rezoning application: 2-4 weeks
- City staff review: 1-3 months
- Public consultation: 1-2 months
- City council decision: 1-2 months
- Development permits: 1-3 months
Final Thoughts
Obtaining rezoning from single-family residential to multi-family zoning requires careful planning, collaboration with the city, and community engagement. Developers who take the time to ensure their proposals align with city regulations and address local concerns will have a greater chance of success in securing the necessary zoning changes. With patience and persistence, developers can turn single-family lots into multi-family developments that contribute to urban growth and housing supply.Disclaimer:
The information provided in these posts are for general purposes only. It is not written nor intended to provide legal advice or opinions of any kind. No one should act upon, refrain from acting, based solely upon the materials provided & recorded, or through any hypertext links and other general information, without first seeking appropriate legal and/or other professional advice.