Change of Use: What You Can Build on Your Property and How to Get It Approved

You own a property or a building and want to explore your options—what can you build? Can you turn that old warehouse into a restaurant? Convert an office space into apartments? Expand a retail storefront into a mixed-use development? The answer depends on zoning and land use regulations, and in many cases, it may require a Change of Use approval.

What Is a Change of Use?

In zoning and building codes, every property is assigned a specific use classification—such as residential, commercial, industrial, or mixed-use—based on local regulations. A Change of Use occurs when you want to use a building or space for a purpose different from what it was originally approved for.

Some changes are permitted as-of-right, meaning they align with the zoning and don’t require special approvals beyond standard permitting. Others, however, require a variance, special permit, or zoning board approval before you can proceed with renovations or occupancy.

How to Get a Change of Use Approved

1. Zoning Analysis
   Before moving forward, an architect or zoning consultant should perform a zoning analysis to determine:

   • The existing use and whether it is legally recognized.

   • The proposed use and whether it is allowed under the current zoning.

   • Any restrictions, setbacks, parking requirements, or occupancy limits.

   If the proposed use is not permitted as-of-right, you may need a variance or special permit, requiring an application to the local zoning board.

2. Filing with the Building Department
   If the new use is allowed under zoning, you will still need to file for a Change of Use permit with the local building department. This typically requires submitting architectural plans and documentation showing compliance with:

   • Building codes (fire safety, egress, ADA accessibility).

   • Structural and mechanical systems (for example, additional loads for residential vs. commercial use).

   • Energy code and sustainability requirements.

3. Public Hearing or Zoning Board Approval (If Required)
   If your proposed use is not permitted as-of-right, you may need to apply for a variance or special permit through the local zoning board of appeals or planning commission. This process typically involves:

   • Preparing an application with supporting documents, plans, and justification.

   • Notifying neighboring property owners (required in many municipalities).

   • Attending a public hearing where officials and community members can provide feedback.

   If the board approves your application, you may have conditions to meet, such as providing additional parking or modifying your design to fit neighborhood character.

4. Final Permitting & Construction
   Once approved, you’ll need to obtain the proper construction permits and complete any required renovations. Before occupying the space, an inspection is typically required to ensure compliance with the new use regulations.

How an Architect Can Help

Navigating a Change of Use can be complex, requiring coordination with zoning officials, engineers, and code consultants. As architects, we offer:

• Zoning and feasibility studies to assess what’s possible before you invest in design work.

• Preparation of architectural plans that meet code and zoning requirements.

• Coordination with municipal agencies to streamline the approval process.

• Representation at zoning board meetings, if variances or special permits are needed.

If you’re considering a Change of Use for your property, contact us to discuss your options and the best path forward.