Commercial real estate is very often impacting by the zoning ordinances adopted by the municipality where the real property is located. Zoning ordinances determine and limit the type and size of structure or improvements that can be constructed in the area where the real property is located. Zoning ordinances also limit the type of permitted business uses allowed in the area where the commercial property is located. The purpose of zoning ordinances is to promote and protect the health and safety of the community where the commercial real estate is located.
Municipalities usually establish categories and regulations for each type of zone or use, such as agricultural, commercial, industrial, residential, recreational and rural. Some zoning ordinances permit multiple uses, such as residential and commercial in the same zone.
Zoning ordinances regulate a wide variety of issues in municipalities such as: off-street parking, air quality, noise levels, locations of utility lines, number of rooms in a structure, waste management, building appearance (height, square footage, facades, colors, etc.), signage (size, placement, appearance, color, etc.).
In the event that commercial or residential real estate is negatively impacted by a municipal zoning ordinance, the owner can apply to the municipality’s land use board for a variance. The application for a variance and obtaining a resolution from the land use board granting the variance is a complicated procedure in which you need an experienced and knowledgeable attorney like me to successfully achieve that objective.
We help people and businesses purchase and sell commercial property. We draft, review, and negotiate purchase and sales agreements, and draft closing statements and other closing documents. We review and analyze title work, banking and mortgage documents, and provide other necessary legal services pertinent to the purchase and sale of commercial real estate.