Can you get the city to change a real estate zone?

On Behalf of | Sep 11, 2025 | Real Estate Law

You are buying commercial real estate, but the problem is that the zone does not work for the type of business you would like to run. Maybe the property that you are considering for your commercial project is in a residential zone or an industrial zone. You know that the property would be perfect for that project, but the city says you cannot use it as intended.

Of course, the city simply drew up the zones in the first place. There is nothing fundamentally wrong with the property that is going to keep you from using it the way that you want. Is it possible to ask the city to change the zone to accommodate your new business?

You can just use a variance

The good news is that changing the zone is not necessary. Instead, what you may want to consider is petitioning for a variance. You may have to make your case to the local government, and they sometimes ask for input from neighbors or other nearby property owners. But you can argue that you should be given the variance so that you can carry out commercial operations on that site.

Notably, though, this does not actually change the zone. Any other properties are still in the zone, just the same way it was drawn up before. The variance says that you do not need to abide by the rules of that zone, so in your specific case, you are allowed to break the regulations.

Commercial real estate issues like this can become very complex, so be sure you know what legal options you have.