What is the process for obtaining permission for development or carrying on a new designated use?
Requests for a new designated use are evaluated by local planning and zoning professionals. When the use is not already “permitted” or otherwise allowed in the existing zoning district, a local reviewing body that is appointed or designated by local elected officials, such as a local Planning Commission or Board Zoning Appeals, may also review the request and issue a recommendations to the local elected officials, who issue a final determination.
The process for obtaining permission to implement a new land use involves the submission of an application, the form of which is prescribed by the local planning and zoning authority. The application varies among localities, but typically includes details such as the specific uses (such as office, hotel, retail, warehouse, data centre, shopping centre, residential, gas station); total gross square feet of development and/or number of dwelling units; the lot or building configuration; set-backs from adjoining properties,; type of dwelling units, if applicable; the proposed transportation systems and improvements; parking; building heights; nature and extent of landscaping, pedestrian linkages; architectural style; open spaces; any public amenities, and other details). The local planning and zoning authority will review the application and the accompanying plans, architectural drawings, and other information. Certain elements of the application may be negotiated and refined through an iterative review process with the local planning and zoning authority. A report will be prepared by a planning and zoning professional within the local authority. The report typically provides an analysis and recommendation as to whether the request to implement a new land use should be granted.
Depending upon the type of approval sought and governing zoning ordinance regulations, the local reviewing body may be required to hold a public hearing at which the applicant is typically will be given an opportunity to present testimony and facts supporting approval of the land use proposal. At a public hearing, residents, business owners, and other stakeholders and members of the public will also be given an opportunity to present testimony in favour of or against the proposal.
The local reviewing body will issue findings of fact and recommend whether the request should be granted or denied.
Depending on the nature of the proposal, the final decision on the application will either be made by planning professionals under powers delegated to them by the local elected officials, the local reviewing body or the elected officials.
If the application is denied by the body that issues the final determining vote, an appeal may be submitted to a local appeals board or to local or state courts in the form of a lawsuit challenging the municipality’s action.