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An Overview of the Rezoning Process

You are a small real estate developer.  You have found a lot for sale, on the corner of 7th Avenue and Indian School Road. The property is a half-acre.  Currently, the property includes several businesses that cater to the vehicle-repair industry: An auto-body shop is located there, as is a brake-repair shop and a general auto mechanic service.  The owner of the property leases out the spaces to these various shops, all of which need “industrial” classification for their zoning because this industry tends to be noisy when they use large equipment, and because the work area includes gas spillage and other chemical issues.

The neighborhood has recently experienced an upsurge of interest from residential inhabitants.  You believe that this lot would be a great place to build residential condominiums, since it is close to downtown office buildings where many people work. However, in order to make a profit from building and then selling condos on such a small lot (only a half acre), your business model shows that you would need to construct a ten-story building, so that each floor has several condo units for sale. However, you are confident that you can successfully have the property zoned according to your land-development plans, so you buy the land. The following paragraphs outline the steps you now must take in order to achieve your goal of building a ten-story residential high-rise on this property.

First, research whether the current zoning ordinance allows for residential use of this property, or whether it is restricted to only industrial use.  Second, research whether the zoning ordinance that is now in place allows for structures that are ten-stories high, or whether they are restricted to only one story.

You learn that the current zoning allows only industrial use, and only single-story buildings.  You would like the city to make an exception to this rule so that you may build your high-rise condos.  Therefore, you set out to obtain a variance to the zoning that is now in place, which is like a special-use permit. To do so, you fill out an application, asking the city to grant you that special-use permit.

You submit your request to the city’s zoning board.  Its members are individuals who were appointed by an elected official, either the city’s mayor or members of the city counsel. The job of those individuals is to determine acceptable USE of property in the city. One of those individuals reviews your written application because she has the authority to either grant it or deny it. As it turns out, unfortunately this individual denies your application.

Luckily, you have the right to appeal that decision, and you choose to exercise that right. You submit your application to a board of adjustment, which is a group of people who are not politicians themselves. They are appointed to the board by elected officials, usually the mayor or members of the city council.

Once again, you have bad luck because that group of people rejects your application.  However, you are not the type of person who would give up easily.  Instead, you again appeal by asking either a court or the city council to review the board’s decision and rule in your favor by granting you  a special-use permit for residential ten-story rather than industrial one-story.

Sadly enough, that effort does not succeed either, and you have to give up on the hope of ever receiving a special-use permit, since you have exhausted all possible methods.  Instead, your last remaining hope is to have the land rezoned.  You petition the city planning Department to amend the way the zoning on that property is classified.

Finally, you have a stroke of good luck. That department has agreed to recommend a zoning change to the city’s planning and zoning commission.  That is a group of individuals who are also appointed by elected officials.  However you don’t want to get your hopes up too high because the commission’s decisions are not final. They are merely advisory to members of the city council.

Still, you hope for the best and attend the commission meeting, which is open to anybody who walks through the door. You speak at the meeting, explaining why your proposed use of that land would be a good thing for the City of Phoenix, how it would increase property values and provide homes for many people who would like to move into the area.  Your speech is persuasive, and the commission’s members vote in your favor. You finally have your land-use classification in place, and now you can hire an architect and a construction company to build the structures.