PC&D MAGAZINE
Carwash zoning: Case studies in success
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From Volume 27, Issue 1 - January 2003
Feature
Zoning laws can cause a multitude of problems for carwash investors; two wash owners show how they recently conquered the process.
by: Stephanie Russo, News Editor
 
 Related Information
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Why aren’t nightclubs on suburban street corners? Shopping malls in residential neighborhoods? And why do neighbors often take a Not-In-My-Back-Yard (NIMBY) attitude during carwash zoning hearings?

Zoning laws specify areas in which, residential, industrial, recreational, or commercial activities may take place — zoning is not permanent, and is controlled either by county, city or municipality.

Depending on the area and facility intended – a carwash, detail shop or lube – zoning decisions can turn on measurements or aesthetics; water quality and use problems; the hours that the facility will remain open; whether or not there will be attendants; and security issues.

In Cascade, GA, Curtis Friends, vice president of C.N. Friends LLC, had zoning approval to build a carwash on a piece of land that had been vacant for 18 years.

“It’s a great site in a growing area and there isn’t any competition within 10 miles,” Friends said.


When petitioning for rezoning make sure there is no one nearby who will be disturbed by your carwash business.  

Friends’ zoning experience illustrates how complicated and frustrating the process can be. He received the option to build in May 2002, he got the agreement in writing in June, and in September his county sent a letter stating that the area was not properly zoned.

But as Friends’ situation demonstrates, diligence, preparation and knowledge of the process can lead to successful resolution of zoning issues.

Resolving zoning problems

When zoning problems arise, like with Friends’ wash, the two most likely ways to resolve the problem are:

•Requesting a variance

•Petitioning for rezoning.

A variance is a waiver of a zoning ordinance requirement – it is not a change in zoning laws.

If granted, a variance permits landowners to use land in a way that is not ordinarily permitted by the zoning ordinance. Examples include adding a second story in a one-story zone.

Rezoning involves changing a piece of land from one land use classification to another land use classification.

Rezoning processes are subject to change depending on the city or county the rezoning is being attempted, but certain aspects remain consistent.

• It begins with an application or fee payment.

• A notice is then sent to nearby property owners.

• And public hearings are held.

Friends was told that the land he intended to build on was zoned properly for a carwash in the beginning of this project.

His county later informed him that the intended site of his 17,000-square foot, $5 million full-serve, detail shop, lube, restaurant, wand bays, and auto-accessory store was not properly zoned.

He petitioned for rezoning.

Survey the area

Making sure there is no one nearby that will be disturbed by a carwash business is essential. In Friends’ case, he needed to make sure that his proposed 24-hour facility was surrounded by other 24-hour facilities.

It is also vital to find out the history of the land and ask necessary questions.

• Has anyone else tried to re-zone that land before?

• What was there outcome?

• Why were they denied?

An abandoned gas station inhabited Friends’ intended site, which was “rumored to be contaminated,” Friends said. “Just to clean up the site before we begin building will cost $2 million.”

The site required about $100,000 in environmental testing, of which $30,000 is redeemable; however, the remaining $70,000 was spent on Environmental Phase I and Phase II reports, which is not redeemable.

Friends’ company had to have the necessary finances and plans to enable them to incur significant debt building on this land.

Potential problems: Community members speak out

Community members may voice concerns at zoning board meeting that will seem arbitrary, asinine or even malicious.

Making the necessary preparations to conform to the needs, however illogical, of the community members is a must if zoning approval is something you are serious about attaining.

Friends’ carwash would offer over 50 jobs and provide benefits such as fundraising opportunities to the community.

This led him to believe that there wouldn’t be a problem with community members – they still complained.

His carwash is set to reside in an area where there is not a home within 300-feet, it will also be across the street from a 24-hour gas station, yet the public complained that his facility would be open 24-hours.

Community members also voiced concerns over potential drug dealing in the 24-hour self-serve bays. Citizens even went so far as to complain that there would be too many activities taking place at one location.

Friends had already agreed to have an attendant on site for all open hours to monitor any and all activities taking place within these self-serve bays.

Success delayed is still success

When Friends met with some community officials, they had a bad stereotype of carwashing.

“Their concerns were mostly aesthetic,” Friends said. But he was willing to conform to all county requirements, which included making his facility 50 percent brick.

In mid-November Friends’ company went before the zoning board and was granted unanimous approval.

Friends’ plans to get full approval and begin building before year’s end, which puts him about three months behind schedule.


Zoning is not permanent and is controlled either by county, city or municipality.
 

“If we had know that it wasn’t zoned properly we would have either looked for another plot of land, or petitioned immediately for re-zoning,” Friends said. “The land doesn’t do us any good if it isn’t zoned for a carwash.”
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