Zoning and Entitlements

As I have stated throughout this book, my uppermost recommendation before you start any project is to consult with an attorney who specializes in land use. A land use attorney is invaluable as every site has different conditions, use approvals, density in items, allowable use, and an abundance of other restrictions and parameters that you will need to know before you can move off square one. Over the past 50 years, I have seen it time and time again where nonprofit organizations and for-profit organizations and entities purchase properties without having a single clue as to what can be built on that property. This process should start with looking at your first site, your first building, or whatever your project is about. Having the zoning and entitlement criteria in front of you is absolutely, positively and unequivocally imperative.

Once you have retained competent and experienced land use counsel, you can proceed with your real estate broker or your advisors for the project.

Additionally, once you have the information on what your land is entitled for, its uses and its approvals, you can begin to assemble or hire somebody to assemble a development team that can keep the team on track through the duration of the project all the way up to the certificate of occupancy that you will receive on your project.

It is also vital to begin this process by consulting with the local elected official whose jurisdiction your site is located in. This is extremely critical and imperative moving forward in this process.

It is also imperative to work with local staff such as comprehensive planning department, building safety department, public works department, right of way department, business licensing, and any other department or division within the municipality that you are working in. Most municipalities will assist you and guide you through this process in a general way in terms of step-by-step pieces to this puzzle.

This is no simple task. I caution you not to try to do this yourself. Too many times I have been brought projects in which nonprofits and corporations have started in house and the only outcome I can assure you is that this will not work.

The problems with zoning, entitlements, use permits, waivers of development standards, zone changes, amendments to master plans, and other entitlement challenges make up a category that adds massive costs to the development of affordable housing in America.