The site plan approval process and potential outcomes

On Behalf of | Mar 28, 2023 | Real Estate Law |

Business owners often want to make improvements to their existing premises or construct new buildings on land they own. Improving existing property or constructing a new office, factory or warehouse might increase the financial profitability of their business, even if such projects can be expensive. After all, sometimes you must spend money to make money.

If you want to erect a commercial building in Boca Raton or make an addition or modification to an existing commercial site, you need a permit to begin construction. To obtain this permit, your site plan may need to be approved by the planning and zoning board.

Approval or denial of your site plan

The planning and zoning board will review your site plan. The planning and zoning board will consider a variety of issues when determining whether to approve a site plan, including:

  • The location of the building and its use
  • The property’s landscaping and lighting
  • Access to a water supply, sewer connections and surface water drainage
  • How people will enter and exit the property
  • Parking availability
  • How traffic will impact neighboring properties
  • Whether there is sufficient access to public utilities and transportation
  • Energy conservation
  • Potential noise, light or air pollution
  • How refuse will be collected
  • Anything else affecting the health, safety and well-being of the public

The review process will result in one of three outcomes. The planning and zoning board might approve the site plan, paving the way to obtaining a permit and beginning construction. The planning and zoning board might approve the site plan, but with conditions that must be satisfied before construction can begin.

Or the planning and zoning board might deny the site plan. If so, you must develop a new site plan and submit it for approval or you can appeal the denial.

If your site plan application is denied

If your site plan application is denied, and you disagree with the denial, you have the option to appeal the decision to the city council.

To do so, you will file a notice of appeal that explains the board’s decision, why you disagree with it and what you want for the outcome of the appeal. Following that, a public hearing will be held. At this hearing, the planning and zoning board’s decision will either be:

  • Affirmed with or without modifications and/or conditions
  • Reversed with or without modifications and/or conditions
  • Remanded back to the planning and zoning board for further review

Constructing or improving a commercial building can be part of operating a lucrative business, but it cannot be done on a whim. Zoning regulations in Boca Raton often require site-plan approval before a permit can be obtained and construction can begin. If your site plan is denied, you might be able to appeal the zoning board’s decision.