Have you recently acquired a new building, or are you seeking to open a new business in a location that previously operated a business very different from yours? If so, it is important to remember that property use is governed by your municipality’s zoning code. Local zoning codes identify permitted uses of land and buildings and regulate other aspects of land use- including building design and landscaping. Every property owner must ensure that their property complies with the local zoning code or risk being fined and shut down for noncompliance. 

If you have reviewed your local zoning code and desire to use your property for a purpose that is not permitted under the code, you may still have options. Many municipalities allow property owners to apply for special use permits or use variances that permit the property owner to use the land for an otherwise limited or prohibited use. For example, gas stations often require special use permits in the City of Milwaukee due to the hazardous nature of the business and the areas they often occupy. Similarly, parking lots sometimes require use variances if the proposed location is not properly zoned for parking lots.

Use permits and variances are often reviewed on a case-by-case basis and require the property owner to be knowledgeable about the applicable zoning code, their proposed use, plan of operation, and the process to apply for a special use permit or use variance.

A specialized attorney at OVB Law & Consulting can help you identify what limitations apply to your property and/or business and develop a plan to obtain the approvals necessary to use your property as desired.

“THE ZONING AGENCY IS EMPOWERED TO IMPOSE CONDITIONS TO ENSURE THAT THE PROPOSED CONDITIONAL USE IS COMPATIBLE WITH SURROUNDING USES”

MARY PERANTEAU,

“CONDITIONAL USE PERMITS: STRATEGIES FOR LOCAL ZONING PROCEEDINGS”