REDEVELOPMENT OF EXISTING SITES AND BUILDINGS MARK ELLIOT & DAVID KIRK
Aside from limitations resulting from the current zoning classification, it is important to understand the impact any conditions of approval originally adopted by the governing jurisdiction may have on the property ' s redevelopment. For instance, many zoning approvals are conditioned upon a detailed site plan. Likewise, some zoning conditions prohibit or limit certain uses. In many jurisdictions, changing the site plan or other conditions of zoning requires the same process and entails many of the same risks rezoning the property would involve.
all such requirements. Jurisdictions typically allow such nonconforming uses or structures to remain so long as, for instance, the structure is not expanded in such a way as to increase the degree of nonconformity or the use is not discontinued for a period of time. If such changes occur, the property loses its legal nonconforming status and any future development must be in accordance with the new zoning ordinance. Nonconforming uses or structures could, therefore, complicate redevelopment efforts to the extent the redevelopment incorporates the structures and / or uses giving rise to the nonconformity.
Zoning Changes Following Initial Development
Many suitable redevelopment properties were developed under a zoning ordinance that may have been amended or entirely rewritten in the intervening years. Such changes can create a number of challenges.
Changes to zoning ordinances often result in uses or structures becoming " legally nonconforming." A legal nonconforming use or structure met all zoning requirements at the time the use or structure was first established but, because of subsequent changes to the zoning ordinance, no longer meets
Changes to zoning ordinances could also impose new requirements that did not exist during initial development of the property. Zoning ordinances are amended frequently and may be completely rewritten from time to time. Such changes could affect everything from building heights to permitted uses to sustainability requirements. Similarly, even if the underlying zoning has not changed much since the original development of the property, the adoption of an overlay zoning district can impose additional restrictions. For example, it is critical to know if Overlay districts replaces or supplements the underlying zoning district ' s requirements. Overlay districts used to supplement existing zoning often are adopted to establish a higher standard of design for buildings, public spaces, and overall sites. Some jurisdictions use overlay districts not only to impose design standards but to replace the underlying zoning district ' s use requirements. It is essential to know the type and scope of any overlay district affecting the property.