Zoning, Land Use + Development

Zoning, Land Use + Development

We represent property owners, developers, and local governments on matters relating to the development and use of land.

Common issues and interests include economic development tools and tax incentives, the purchase and sale of real estate, annexation, zoning, land use, and development.

Our attorneys regularly lecture to local governments at events like the Ohio State Auditors’ Conference and the Ohio Municipal Attorneys Association, and we meet with local government legislatures, administrators, and local boards and commissions regarding land use law, administrative and legislative zoning, lot splitting, subdivisions, and development matters.

Our Clients

Clients we assist with zoning, land use, and development matters generally fall into the following three categories:

  • Property owners: assisting in the purchase and sale of real estate; annexation tax incentives; real property taxes and valuation (Board of Revision); legislative and administrative zoning matters; lot splits and subdivision of land; working with local governments and design and development professionals to develop land; representing property owners in all courts
  • Developers: working with developers, planners, engineers and other design professionals in all aspects of the acquisition, development and use of land from conception to completion; representing developers in all courts
  • Local governments: serving as special counsel on matters relating to the acquisition, development, annexation and use of land; maximizing economic development and tax incentives, such as tax increment financing (TIF), community reinvestment areas (CRA), enterprise zones, Joint Economic Development Districts (JEDD) and Zones (JEDZ); reviewing and amending zoning codes and resolutions; acting as special counsel to boards, commissions and legislative authorities in litigation

Experience

Exchange of Real Property Between U.S. Army and Private Industrial Park

Publications + Presentations

Article

FCC’s Rules: What MDU Owners Need to Know About Revenue Sharing Agreements, Marketing to Tenants, and Sale-and-Leaseback Arrangements

Presentation

Changing Jurisdictions Through Annexation and Road Vacation

2024 CCAO CEAO Winter Conference
publication

Ohio’s Revised LLC Act - What You Need to Know

publication

Are Ohio’s Commercial Landlords and Lenders Now Required to Give a 90-day Reprieve?

Smart Summary Governor DeWine issued an executive order requesting landlords to suspend commercial rent payments for at least 90 days. The Order also urges lenders to offer a similar reprieve to their landlord borrowers. The Order is not legally binding, though more forceful language could potentially be forthcoming. Since the COVID-19 crisis began, we’ve been fielding calls and e-mails from clients on both sides of the commercial landlord-tenant relationship.  Tenants negatively affected by the crisis want some sort of relief from their landlords in terms of a rent abatement or forbearance, and landlords are receiving a crippling volume of these requests from their tenants. Typically, there is no legal ground to require a landlord to grant an abatement or deferral request, but from a practical standpoint, it still may make sense for them to work with commercial tenants if the alternative is for those tenants to permanently close their doors. At the same time, it’s also important to recognize that landlords may be caught between a rock and hard place. Most are still required to make mortgage payments and pay taxes, common area maintenance costs and other expenses, without receiving rent from their commercial tenants. Each side may also put the responsibility on the other to attempt to obtain relief from federal sources, including the SBA’s Economic Injury Disaster Loan program and the Paycheck Protection Program provision of the recently passed CARES Act. To date, however, there hasn’t been an across-the-board standard or a one-size-fits-all approach for negotiations between commercial landlords and tenants dealing with the effects of COVID-19.Governor DeWine Opines with an Executive Order In an attempt to provide some relief for both sides, Governor Mike DeWine issued Executive Order 2020-08D on April 1, urging Ohio landlords to suspend rent payments and evictions for at least 90 days for small-business tenants experiencing “financial hardship due to the COVID-19 pandemic.” Accordingly, to assist those landlords who would then be at risk of defaulting on their own mortgages, the Order also requests that lenders agree to a minimum 90-day forbearance and refrain from enforcing default penalties or initiating foreclosures during that period. The Order specifies, however, that the governor is not requesting a rent abatement under the leases, nor forgiveness of mortgage payments, just a delay in collections instead.Interpretation: Request or Requirement? While the language may not be entirely clear, our interpretation of this Order is that it is a request, not a requirement , and that landlords and lenders alike are not currently legally obligated to comply. However, we think it’s unlikely that a court in Ohio is going to take up a foreclosure action at this time. Given the rapidly evolving pace of change right now, it’s certainly possible for Governor DeWine to sign a more forceful Order before this situation is over. Regardless, this Order may provide a new baseline for negotiations between landlords and tenants as they navigate through the COVID-19 crisis. Michael Schottenstein is an associate attorney in Kegler Brown’s Real Estate + Finance practice. He represents both commercial landlords and tenants in the drafting and negotiation of leases, amendments and works with clients in the context of their more general business operations. Michael can be reached at mschottenstein@keglerbrown.com or (614) 462-5451.

publication

Annexations in Ohio

Ohio Municipal Attorneys Association 2019 Winter Municipal Civil Law Seminar
Article

Real Estate Considerations in the Medical Marijuana Arena

When an entity or individual associated with medical marijuana is interested in purchasing or leasing real estate for their business, there are additional considerations that should be added to checklists and analyzed throughout the due diligence process in order to comply with the Ohio Medical Marijuana Control Program (“MMCP”) regulations.#1 Location Restrictions:Although the processing/testing/dispensing rules are not yet final, they are leaning to be in line with the cultivation license rules. ORC 3796.30 prohibits any medical marijuana cultivator, processor, or retail dispensary from being located within 500 ft. of the boundaries of any parcel of real estate located near a school, church, public library, public playground or public park. This does not mean 500 ft. from door to door, but parcel boundary to parcel boundary. Dispensary rules will likely include an additional limitation prohibiting dispensaries from being located within 500 ft. of a community addiction services provider.#2 Zoning Considerations:House Bill 523 authorizes the legislative authority of a municipal locality or township board to adopt their own regulations to prohibit or limit the number of medical marijuana facilities within their locality. Often times, a locality will limit cultivators and processors, but not dispensaries, or some other combination of the three. It is critical to check the local zoning rules of a proposed medical marijuana facility because the MMCP will require every applicant to provide evidence of compliance with all local ordinances, rules or regulations adopted by its locality.#3 Evidence of Compliance:If the processing and dispensing applications follow the cultivation license application, it is likely that the MMCP will require (or at least encourage) applicants to get a notarized signature from an individual representing the proposed facility’s locality. This is intended to show that the applicant is in compliance with the local zoning regulations, but can be tricky in localities that have been silent on the matter or are not yet prepared to authorize such a statement.#4 Leases & Unclosed Purchases:The owner of the real estate will likely need to sign off that there are no use restrictions on the property, or any lease restrictions in a leasehold, that would otherwise prevent the applicant from complying with MMCP regulations. If the applicant does not own the property, the applicant will most likely need to get their landlord and/or the owner of the property to sign and notarize a form in the application affirming that no such restrictions exist. This can be tricky when the owner/landlord is an unrelated third party and is unclear on their position or intentions for the property in relation to the medical marijuana industry. Strategy and open communication should be utilized to avoid a situation where the deal is being held up due to a lack of signature.The next few months will see many more questions and answers as Ohio rolls out final rules for medical marijuana processors and dispensaries. If you have questions concerning the Ohio Medical Marijuana Control Program, its regulations or application process, contact me at rgold@keglerbrown.com.

publication

Special Improvement District

On November 19, 2015, the Capital Crossroads Special Improvement District met with Midge McCauley and local real estate developers, brokers, attorneys and business owners for a round table discussion on how to revitalize downtown Columbus.McCauley, a national retail expert, recommended a plan of action where property owners and landlords work together with potential tenants in creative ways to help bring a diverse and rich mix to our downtown. Attendees voiced their concerns and each had a common theme; downtown Columbus needs to improve its local traffic beyond workweek hours, vary its restaurant and retail selection and focus on becoming an area where local business owners have an opportunity to invest in the growth of downtown. McCauley referenced the successful programs that were implemented in Nashville and Austin, where initial efforts by brokers and landlords extended to more than 600 potential tenants, resulting in 100-200 responses, followed by dozens of on-site visits. Ultimately, a variety of tenants moved in, ready and willing to be at the forefront of downtown revitalization. Each of these cities started in a similar position as us here in Columbus and have eventually grown to be bustling downtowns. Although this method may not be the exact plan we need to implement in order to generate interest and spark the growth of downtown Columbus, the luncheon was a successful starting point in gathering various local professionals together to discuss our own plan of action to revitalize downtown Columbus. 

Kegler Brown Real Estate News