Questions to Ask the Planning and Zoning Department
Written for anyone about to phone or walk into the local planning and zoning office with a parcel in mind: an owner planning an addition, a buyer checking land before closing, a small builder testing an idea. The 53 questions run in the order that conversation tends to go, from how the parcel is zoned and what may be built on it, through permits, variances and hearings, to what is proposed nearby and which answers to get in writing. Zoning is local, so treat every answer as true for that office and that code only.
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The questions
Each question, and why to ask it
Zoning and use
Is this parcel in your jurisdiction, or does a county, township or neighboring city handle its zoning?
Why ask it
Open with the parcel number and this question, because a mailing address can name a city the land is not legally inside. Land just outside a city's limits may be reviewed by the city, the county or both, and then you need to know which office decides each kind of approval. Ten minutes at the wrong counter is cheap; a month of planning around the wrong code is not.
What is this parcel's zoning district, and is there an overlay or special plan area on top of it?
Why ask it
The base district is only the first layer. A historic, floodplain, airport, shoreline or corridor overlay can add its own review or tighter limits, and it does not always show on the simple map. Leave with the name of each layer, the code chapter that covers it and the date the online map was last updated.
Is the use I have in mind permitted outright, allowed only with a special or conditional permit, or not allowed here?
Why ask it
Those are three very different roads: a permit over the counter, a public hearing, or a rezoning request and possibly a different parcel. Describe what would actually happen on the site, with the hours, vehicles and number of people, because staff classify a use by its activity and not by the name you give it.
Is this a legal lot of record that could get a building permit as it stands today?
Why ask it
A parcel with its own tax number is not always a lot the office recognizes for building. It may have been split off without approval, or be smaller or narrower than the district now requires. Offices settle this in different ways and with different documents, so find out which one applies here before money changes hands.
Is anything on this property grandfathered, what the code calls nonconforming, and what am I allowed to do with it?
Why ask it
People say grandfathered as if it were permanent, and the code may not see it that way. Three rules to pin down: whether the building can be enlarged, whether it can be rebuilt after a fire, and how long the use can stop before the status is lost. A garage that sits too close to the line may be fine to keep and impossible to replace in the same spot.
Are there open violations, enforcement cases or unpermitted structures on record for this parcel?
Why ask it
This is a buyer's question above all. Ask whether a violation here follows the land to the next owner, what it would take to close each case, and whether fines are still adding up. If the office has nothing on file, ask whether that means it has looked or only that nobody has complained.
Are there conditions attached to this parcel from an earlier rezoning, subdivision or site plan approval?
Why ask it
An approval from decades ago can still require a buffer of trees, cap the number of units or limit business hours, and none of that appears on the zoning map. With the case number you can get a copy of the decision and read the conditions yourself instead of taking a summary.
Could I run a business from the home here, and what limits come with a home occupation?
Why ask it
Typical limits cover outside employees, customer visits, signs, outdoor storage and how much of the house the business may take up, but each code draws them differently. Be honest about deliveries and clients per day. An answer based on a tidier version of your business will not help when a neighbor calls.
Are short-term rentals allowed at this address, and is a registration or license needed?
Why ask it
Short-term rental rules often live in a separate ordinance from the zoning code, with their own caps, fees or owner-occupancy requirements. Two follow-ups for a buyer: does the seller's registration pass to a new owner, and is the council discussing changes. Do not assume last year's answer still holds.
How many animals, and of which kinds, may I keep on this parcel?
Why ask it
Chickens, bees, horses and goats are commonly tied to lot size and to how far a coop or barn must sit from the property line. If there is a number per acre, write it down, along with whether roosters or commercial boarding are treated differently. Private covenants can be stricter, and the planning office generally does not enforce or track those.
Are manufactured homes, tiny houses or an RV allowed as a dwelling here, even temporarily during construction?
Why ask it
Codes tend to treat these as different things: a manufactured home on a permanent foundation, a small house built on site and a vehicle on wheels. Say which one you mean and how long it would stay. Where a camper is allowed during construction it may be tied to an active building permit, so find out what starts and ends that period.
If I change what a building is used for, such as a house to an office or a shop to a restaurant, what does that set off?
Why ask it
A change of use can bring new parking counts, accessibility work and fire or building code upgrades even when nothing is being built. Ask whether a change-of-use permit or a new certificate of occupancy is required, and who at the building department should hear the same description you just gave.
Size and setbacks
What are the front, side and rear setbacks in this district, and from which line is each one measured?
Why ask it
The number is half the answer. A front setback may run from the property line, the edge of the right of way, the centerline of the road or a future widening line, and the difference can be many feet. Corner lots and lots on a private road often have their own rule, so mention it if yours is one, then give the figures to whoever draws your site plan.
Once the setbacks, easements and any floodplain or buffer are taken off, where on this lot can I actually build?
Why ask it
Mark the answer on your sketch while staff talk: the lot lines first, then each strip that comes off. Wetland and stream buffers, steep slopes, a septic reserve area or a planned road line may sit on a different map or with a different office, so get the name of whoever keeps each one. What is left is the building envelope, and on an odd-shaped lot it can be far smaller than the acreage suggests.
What is the maximum building height, and how is height measured here?
Why ask it
Codes measure to the ridge, to the midpoint of a pitched roof or to the highest point, and from the lowest grade, the average grade or the street. On a sloping lot the method can add or remove a whole story. Chimneys, cupolas and rooftop equipment are counted in some places and exempt in others.
What limits apply to lot coverage, impervious surface and floor area on this parcel?
Why ask it
These can be three separate caps. Coverage usually counts roofs, impervious surface may add the driveway, patio and sometimes gravel, and floor area counts every story. On a small lot one of them often stops an addition before the setbacks do, which is why the list of what counts toward each is the part to write down.
Do porches, decks, steps, eaves or a bay window count against the setback, or may they project into it?
Why ask it
Many codes let some features reach a few feet into a required yard, and the list and the distances are local. For a deck or a covered porch on a tight lot this single answer can decide whether you need a variance at all. Say whether yours would be open, roofed or screened, because the three are not always treated alike.
What are the minimum lot size, width and road frontage, and could this parcel be divided?
Why ask it
Worth raising if you have any thought of splitting land, now or later. The follow-up is how a division is processed here: some places handle a simple split at staff level and send anything larger through a full subdivision review with a plat, road standards and a hearing.
What rules cover accessory buildings such as a detached garage, a shed, a workshop or a barn?
Why ask it
Outbuildings tend to have their own setbacks, height limit and size cap, sometimes set as a share of the house. Whether one may go up before there is a main building, and whether it may sit in a front or side yard, are the points that catch people out. A shed small enough to skip a building permit may still have to meet the zoning rules, so check both.
Can I add a second dwelling here: an accessory apartment, a guest house or a duplex conversion?
Why ask it
Rules on accessory dwellings have been changing in many places, so work from the current section and not from what a neighbor did. The details to get are the size cap, parking, whether the owner must live on site, whether it can be rented, and whether it needs its own utility connections.
For a business or rental use, how many parking spaces would I need, and what applies to signs, landscaping and screening?
Why ask it
For a shop, an office or a few apartments, the parking count and the buffer strips often decide how much building fits on the lot. Have staff work the parking figure for your exact use while you are there, and learn whether shared parking or a reduction can be approved by staff or needs a board. Signs usually have a chapter and a permit of their own, so get that section too.
What are the rules for fences and retaining walls, and does a new driveway or curb cut need its own permit?
Why ask it
Fence height commonly differs between the front yard and the back, and a corner lot may have a sight triangle near the intersection that has to stay clear. A retaining wall above a certain height may need an engineer's drawing. The driveway may belong to the road authority and not to zoning at all, in which case leave with the name of that office.
Permits and fees
For the project I have described, which permits and approvals do I need, and in what order?
Why ask it
Have staff list them one by one: zoning permit, site plan approval, building permit, and anything from outside this office, such as the health department for a septic system or well, the road authority for a driveway or the fire marshal for access. The order matters because one office may refuse an application until another has signed, and a zoning yes means little if the septic answer is no. Write the list down as a checklist with the office beside each line.
What has to be in the application: a survey, a site plan, elevations, engineered drawings?
Why ask it
For a small residential job some offices accept a site plan drawn to scale by the owner, and others want it from a surveyor or engineer. The most useful thing to request is a look at an application that was accepted for a project like yours. An incomplete packet usually waits, so a sample is worth more than the form's instructions.
Is site plan review required for this project, and is it decided by staff or by a board?
Why ask it
A staff decision runs on the office's own clock, and a board decision runs on a meeting calendar. Ask what pushes a project from one track to the other: floor area, land disturbed, number of units, a location in an overlay. A design that stays just under the threshold can save a hearing.
Can I have a pre-application meeting, and who from the other departments would attend?
Why ask it
Many offices offer one, free or for a modest fee, and it is the cheapest moment to hear about a problem. Bring a one-page sketch with dimensions. If engineering, utilities or the fire marshal can sit in, you hear their objections before your designer has drawn anything expensive.
What are the fees for each step, and are there impact fees, connection charges or review deposits on top?
Why ask it
Get the fee schedule as a printed page or a link, not a figure from memory. Some offices also bill applicants for the hours of an outside engineer or attorney who reviews the plans, so ask whether that applies and whether there is a cap. Find out too which fees come back if you withdraw.
From a complete application to a decision, how long is each review running at the moment?
Why ask it
The ordinance may state a target, and the actual figure this season is the one to plan around. Ask what most often sends an application back for corrections, and whether the clock pauses each time it does. Then work backward from the date you hoped to start.
Once a permit or approval is issued, how long do I have to start and to finish, and can it be extended?
Why ask it
Approvals can lapse. If you are buying land that comes with an approved plan or variance, ask whether it passes to a new owner, the date it runs out, and what counts as having started. An extension request generally has to be filed before the expiry date, so ask how far ahead.
Which inspections and final sign-offs come from this office before I can move in or open?
Why ask it
Planning may inspect the finished site against the approved plan, apart from the building inspector's visits. Paving, landscaping and drainage are the usual items that have to be finished first. Where winter delays planting, a temporary certificate or a deposit is sometimes possible, so raise it early.
Variances and hearings
If my plan does not meet a requirement, what are my options: a variance, an administrative adjustment, a special permit or a rezoning?
Why ask it
Each tool fits a different problem and is decided by a different body. Some offices can approve a small deviation at staff level without a hearing, so ask what the limit on that is before you assume a board. The cheapest answer is sometimes a small change to the design that avoids the request altogether, and staff will often point to it if invited.
What standard does the board apply to a variance, and which kinds of requests does it tend to turn down?
Why ask it
Many codes ask for a hardship that comes from the land itself, such as its shape or slope, and not from cost or preference, but the wording is local, so ask for the section and read it. Staff cannot predict a vote. They can often tell you which arguments have not persuaded this board.
Which body decides my request, and is its vote final or a recommendation to another one?
Why ask it
A planning commission may only recommend, with the council or county board deciding later. That means two hearings on two calendars. Know which meeting is the one where the decision is made, so you put your effort, and your attendance, there.
When does that body meet, and what is the filing deadline for the next agenda?
Why ask it
Boards commonly meet once a month, with a cutoff some weeks ahead to allow for notices. Missing it by a day can cost a full cycle. The year's calendar of meetings and deadlines is usually a single page, so take a copy, and check whether agendas ever fill up and push late applications to the following month.
Who must be notified of my hearing, and who handles the mailing, the posted sign and the published notice?
Why ask it
A mistake in notice can undo a hearing and send you back to repeat it. Ask the notice distance, who supplies the list of owners, and what proof to keep, such as mailing receipts or a dated photo of the sign. It is also worth asking whether the board gives weight to letters from neighbors, since a visit next door before filing costs nothing.
Will staff write a report or recommendation on my application, and when can I read it?
Why ask it
The staff report usually reaches the board before the meeting and frames the discussion. Seeing it early gives you time to fix a drawing or prepare an answer. If the recommendation is against you, ask what specific change would move it.
What happens at the hearing itself: who speaks, in what order, and for how long?
Why ask it
Staff can tell you whether owners with a request like yours usually present on their own or bring a surveyor, engineer or attorney. Better still, watch a recording of a recent meeting or sit through one before yours. You will see how long applicants get and the kinds of questions members ask.
Can you point me to recent cases like mine, and may I read those files?
Why ask it
Applications, staff reports and minutes are generally public records. An approved file shows what a complete, persuasive packet looks like here, and the minutes of a denial show what worried the board. Two or three case numbers, and how to pull them, are all you need to leave with.
What conditions does the board commonly attach to approvals of this kind?
Why ask it
Expect things like limited hours, a fence or planting along one side, a cap on vehicles or a date by which work must begin. Whether a condition stays with the land or ends when you sell differs from place to place, and a buyer and a lender will both want to know. Decide before the meeting which conditions you could live with.
If the request is denied, how do I appeal, how long do I have, and when could I apply again?
Why ask it
Appeal windows can be short, and they may run from the vote or from the written decision, so ask which. Some places make you wait before filing the same request again, while a revised one may be treated as new. A postponement is sometimes possible when a hearing is clearly going badly, and it is better to know that before the night.
Nearby plans
Are there pending rezonings, subdivisions or development applications on or near this parcel?
Why ask it
The empty field beside the lot you like may already have a file. Ask how to search applications by map, and include anything approved but not yet built, because approvals can sit quiet for years. If the office has a notification list for the area, sign up.
How are the neighboring parcels zoned, and what is the most intensive use allowed on them without a hearing?
Why ask it
What stands next door today is not the limit of what could. The uses permitted outright in that district can arrive with no notice to you and no chance to comment, so read that list and picture the largest item on it.
If something is proposed next to me, how will I be notified, and how do I comment before the decision?
Why ask it
Notice may go only to owners within a set distance, by mail, by a sign on the site or by a newspaper listing, so learn which one to watch for. Written comments usually have a cutoff ahead of the meeting. Staff can also tell you which points the board is allowed to weigh, such as traffic, drainage or buffers, and comments on those carry further than a general objection.
Does the comprehensive plan or future land use map show something different for this area than the zoning in place today?
Why ask it
Where the plan and the zoning disagree, the plan tends to show which way the rules are leaning, for your parcel and for the ones around it. It also tells you whether a rezoning request, yours or a neighbor's, would have the plan on its side or against it, which staff will usually say plainly if asked.
Is the zoning code or the comprehensive plan being rewritten, and would any draft change affect this parcel?
Why ask it
A rewrite in progress can change the rules between your purchase and your application. Find the draft, note when a vote is expected, and then get the answer that matters most: which version governs an application filed before the new one takes effect, since places handle that differently.
Are road, sewer, water or drainage projects planned around here?
Why ask it
A road widening can take frontage and move the line your setback is measured from, and a new sewer line can change what the land may hold. Ask which department keeps the capital improvement plan and whether any project touches this parcel or its street. Assessments for new lines are worth a separate question to the utility.
Is there a moratorium, or a limit on sewer or water connections, that would hold up a permit?
Why ask it
A pause on permits or hookups stops a project whatever the zoning allows. If one is in force or under discussion, get what it covers and when it is due to end or be reviewed. Small projects are sometimes exempt, so describe yours.
Records and follow-up
Can I get a zoning verification letter for this parcel, and what will it cover?
Why ask it
A verification letter typically confirms the district, and some offices will add whether a named use is allowed and whether violations are open. Lenders and commercial buyers often ask for one. Before requesting it, get the fee, the turnaround, and whether the letter can address your specific use instead of the district alone.
If I describe my plan in writing, can I get a written determination on whether it complies?
Why ask it
Advice at the counter is useful, but ask directly whether the office stands behind a verbal answer, because in many places it does not. A signed determination from the zoning official is something you can show a lender, a seller or a later reviewer. Whether it can be appealed, and by whom, tells you when it becomes settled.
Which code sections are you relying on for that answer?
Why ask it
Use it, politely, after any answer that matters. With the section number you can read the rule yourself, hand it to your designer, and check that a second staff member reads it the same way. Staff who know the code will give the citation without minding.
How do I request the complete file on this parcel: past permits, variances, site plans and correspondence?
Why ask it
Some offices hand the folder across the counter, and others need a public records request and charge for copies. An old site plan may save you paying to have one redrawn, and old letters show what the office has already told a previous owner. Older records may be on paper in another building, which adds days, so start this request early.
If I call back with more questions, who should I ask for, and is email better than the phone?
Why ask it
One named contact saves you explaining the project from the beginning each time. After every conversation, write down the name, the date and what was said, and where it matters send a short email confirming your understanding. A dated note is what settles it when two answers later conflict.
Is there anything about this parcel or this kind of project that I have not asked and should have?
Why ask it
Close with this. Staff watch applications stall for the same handful of reasons, and some of those are not written in the code: the drainage ditch that backs up, the street where every request draws a crowd. It takes one minute to ask, and the answer is sometimes the most useful one of the visit.
How to get useful answers from a planning and zoning office
Practical guidance for the conversation itself
Getting ready for the visit
Find the parcel number first
Look the property up on the assessor's or the county's online map and copy the parcel or tax identification number. Staff search by that number, and a street address can match two lots or none, especially for vacant land.
Put the plan on one page
Draw the lot roughly to scale with the existing buildings, what you want to add and your best guess at the distances to each line. Add two sentences on the use: what happens there, on which days, with how many people and vehicles. A planner can answer a sketch in minutes and can only speak in generalities without one.
Read the district's pages before you go
Most codes are online. Skim the section for the parcel's district and its table of dimensions, and note the terms you do not follow. You will spend the visit on the parts that need a person instead of having the table read aloud to you.
Pick a quiet hour
Ask when the planner on duty takes walk-ins or calls, since some offices keep set counter hours. Avoid the days just before a filing deadline or a board meeting, when staff are assembling agenda packets and have the least time for an open-ended question.
At the counter or on the phone
Start with the parcel and the plan, then stop
Give the parcel number, say what you hope to do in a sentence or two and let staff respond before you work through the list. Their first reaction often tells you which of the six groups matters for you and which you can skip.
Ask about the route as well as the rule
Knowing the setback is twenty feet is less useful than knowing what you would file, with whom, by when and for how much if you needed eighteen. For every no, ask what the path to yes would be and how long it runs.
Keep a dated record
Write the name of the person, the date and each answer with its code section while you are still there. Photograph any map or table they show you. Planners change jobs, and a project that takes a year may outlast the person who gave you the first answer.
Be the applicant staff like to help
Planning staff explain rules they did not write and cannot waive. Arguing the merits of a setback at the counter gets you nowhere, and a calm applicant who has read the section tends to be told about the adjustment or the exception nobody volunteered.
If you are buying and have not closed yet
Go before the offer is firm
Visit the office while you can still walk away or renegotiate. If your offer includes a period for investigation, ask your agent or attorney how the zoning answers fit into it, and start with the Zoning and use and Nearby plans groups.
Check what the listing claims
A listing that says a lot can be divided, holds two units or allows horses is repeating what the seller believes. Take each claim to the office as a question, with the parcel number, and ask for the section that supports it.
Ask whether an old approval is still alive
Land sold with approved plans or a variance is only worth the premium if the approval has not lapsed and can pass to you. Get the case number, the expiry date and the list of conditions, and read all three before you count on any of it.
Carry the answers to your other advisers
The setbacks and any future road line go to the surveyor and the designer. Conditions, violations and anything you were told in a letter go to the attorney handling the purchase. The office tells you the rules; it does not advise you on the deal.
Mistakes that cost a month or more
Treating a friendly conversation as an approval
A planner saying a project sounds fine is giving a first read of an idea, not a decision on an application. Do not order materials, sign a construction contract or close on land because of it. Ask what document would make the answer official and wait for that.
Missing the agenda cutoff
When a board meets monthly, an application that arrives a day late or one drawing short waits for the next cycle. Put the filing deadline on your calendar, not the meeting date, and aim to submit a week early so there is time to fix whatever staff find.
Forgetting the rules this office does not keep
Deed restrictions, subdivision covenants and owners' association rules are private, and planning staff generally neither track nor enforce them. A project can satisfy every line of the zoning code and still break a covenant, so check the recorded documents separately.
Building first and asking afterward
A shed, a fence or a second driveway put in without checking can mean an after-the-fact application, added fees or an order to move it. One phone call with the parcel number before the work is the whole cost of avoiding that.