What is Rezoning? Zoning Definition

How Rezoning Works

Rezoning changes a property's zoning classification from one district to another -- for example, from residential (R-1) to commercial (C-1). Because zoning is established by local legislation, rezoning requires action by the city council or county board, not just a staff-level approval. The process typically includes a formal application, review by the planning commission, at least one public hearing, and a vote by the governing body. Rezoning must generally be consistent with the community's comprehensive plan.

What Property Buyers Should Know

If you are considering a property that would need to be rezoned for your intended use, understand that rezoning is a lengthy, uncertain, and sometimes politically contentious process. It can take several months to over a year, and there is no guarantee of approval. Neighbors and community groups often oppose rezoning requests, especially those that would increase density or introduce commercial uses into residential areas. Some buyers make their purchase contingent on successful rezoning.

Key Considerations

• Spot zoning -- rezoning a single parcel in a way that is inconsistent with surrounding uses -- is legally vulnerable and often denied or overturned by courts.
• Downzoning occurs when a city changes zoning to be more restrictive (e.g., reducing allowed density), which can reduce property values.
• Upzoning increases permitted density or intensity and can significantly increase land value.
• Proffer/proffers or development agreements may be negotiated as part of the rezoning, where the developer agrees to provide public benefits (road improvements, affordable units, parks) in exchange for approval.