Andrea Gray - August Expert Article

Practical Considerations for Developing in a City

By Andrea Gray, Attorney at Law

We are in an age of city revitalization.  Over the past decade, we have witnessed a movement across the country to bring small and large city centers back to life by encouraging economic development, fostering community, and beautifying streetscapes.  Monroe is a shining example of what a true partnership between the community, entrepreneurs, and local government can achieve.  Other cities in Georgia and Walton County are also striving to, and achieving, similar success.  Inherent in this shift, however, is a struggle between property owner rights and government regulation.  A substantial portion of my law practice relates to land rights and zoning.  I dare not dabble in politics or a debate on density or other sensitive topics, but I do have practical advice for developers and landowners looking to locate in a city in today’s dynamic environment. 

Do your homework. Due diligence should be more than just walking a property, looking at a survey, and looking up the zoning designation.  To truly understand the potential uses you need to know:

1. • What is the property designated as on the future land use map?
   • Is it in an overlay district?
   • Is it in a watershed protection area?
   • Are the soils suitable for development?
   • Is there public water, sewer, gas?
   • What are the specific zoning regulations?  Buffers?  Setbacks?  Fencing?
   • What are the surrounding uses and who are the property owners?
   • Are there any other zoning applications pending for nearby properties?
   • Is the city in the process of amending zoning regulations?
   • Is the use you are proposing a fit regardless of zoning?

Talk to folks. No map or ordinance will ever give you the full story about a property. Talk to the planning department, local elected officials, the neighbors, and people in the know about your plans. 

If you need to rezone the property, follow the instructions and trust the process.  Each city has applications for zonings, variances, etc. that are specific to that city.  Fill out the forms completely and provide ALL of the information requested on the site plan.  You will have to spend money on an engineer and possibly an architect and attorney. The zoning process is dictated by the Zoning Procedures Act which is a state law that all cities and counties in Georgia must follow. It will take longer than you prefer, but don’t take out your frustrations on the planning staff.      

Be a good neighbor. Take the adjoining property owners into consideration when drawing your plans. Fences, buffers, and landscaping can make great neighbors.  

Treat other people the way you want to be treated. This sounds obvious – it is in fact the golden rule – but in today’s social media-driven world, you are bound to get “feedback” on your plans that could come as a personal attack. Resist the temptation to engage in unproductive communication, but do listen to those providing constructive input.      

Each property and set of circumstances present unique challenges, but these strategies can help you navigate the process if you are considering developing in a city.