In the early stages, let them know about your plans and reassure them that you will keep them informed on developments. Give them the chance to ask questions, and do everything you can to assure them that events you host won’t cause any disturbances to them or their property. Ask your neighbors for their support. You may want to right up a brief contract that summarizes any agreements you’ve made on which their support is conditional. For example, your neighbors may be concerned about traffic and noise during late hours. You could promise them that you would not host a wedding with more than 50 guests and that all events will end by 10 p. m.
Many counties have conditional permits that you can get to host special events. These applications typically are less complicated, and may have a higher chance of being approved. Conditional permits do restrict the number of events you can host each year, as well as the dates and times you can host events. You may be able to download applications and instructions from the website of your county clerk or county zoning board. If you can’t find a website, contact your county’s planning department or zoning board to find out how to get a rezoning application. Some states have laws that delegate zoning changes, special exceptions, permits or variances to each municipality, so you would need to contact your town or city zoning officials for more information.
You’ll need the legal description of your property as it appears on your deed, including your parcel number or any metes and bounds description. In some circumstances, it may be necessary to get a professional survey of your property, particularly if you plan to use locations near property boundaries and ownership is disputed. Keep in mind that it may not be necessary to have all of your property rezoned, just the parts you plan to use as a wedding or special event venue. For example, if you have a rustic barn on your property that you want to use as a wedding venue, but the barn and surrounding property only occupy one of your 20 acres, the remaining 19 acres don’t necessarily need to be rezoned.
In addition to the application form itself, you may also be responsible for submitting a copy of your deed. The office where you submit your application should have a checklist of documents that constitute a complete application. Make at least one copy of everything you submit with your application for your own records before you turn them into the office. You’ll be expected to pay a fee when you submit your rezoning application, which typically amounts to a little over a thousand dollars. Typically when you submit your application, the date for your hearing will be scheduled. It also may be scheduled after your application is processed, in which case you should receive a notice in the mail.
The zoning board will have forms that must be used to provide the required notice, as well as procedures you must follow. You also must provide them with a full copy of your application. There will be a deadline by which your neighbors must be notified of the hearing, typically expressed as a certain number of days or weeks before the hearing is scheduled to take place. Keep in mind that if you’re responsible for providing notice, you typically also must present proof of service to the board, either before or at the hearing.
Look for a local attorney who has experience representing rezoning applicants before the zoning board or planning commission. Someone with familiarity of the zoning board members will have a good idea of the types of information you’ll need and the arguments that may persuade certain members. If you don’t know where to start finding an attorney, consider looking at information from past zoning hearings and check the names of any attorneys who were present. You also may be able to find an attorney by searching on the attorney’s directory on the website of your state or local bar association.
There typically isn’t a dress code for zoning hearings, but you still want to look clean and professional. While you don’t necessarily have to wear a suit, consider wearing the type of clothing you’d wear to a job interview. Before your hearing, organize the documents you plan to bring so you can find them easily. You also should write an outline with detailed notes of what you plan to say to the board or commission when it’s your turn to present your proposal. Think about the questions you might possibly be asked. If you have time, you may want to attend another zoning hearing to get a feel for the procedures and the types of questions the board members will ask.
Typically your hearing will begin with a swearing-in ceremony. Everything you say during the hearing must be the truth, and you face perjury charges if you lie or distort the truth over the course of your presentation or while answering any questions. After you are sworn in, you typically will be asked to give a brief presentation. During this presentation, you essentially will summarize your application and the reasons you want to have your property rezoned. Explain to the board everything about the events you plan to host at your farm if your application is granted, including the size of those events and the space you have available. You may want to present photos of the structures and areas you plan to use as a wedding venue as well.
Zoning hearings are unlike any court proceeding in that anyone who is present and has an interest in the proceeding can ask questions of anyone else. This means that in addition to the board members themselves, you may find yourself fielding questions from neighbors or community members regarding your proposed use of your property. Other people also have the ability to make statements or argue against your application. When others are speaking, it’s important not to interrupt or even mutter comments under your breath. If you have something to say in response to someone’s statement, raise your hand and wait until you are recognized by the board before you speak.
Most zoning boards have a deadline for a decision, so you typically won’t have to wait more than 45 days to find out whether your application has been approved. Typically the board will mail you written notice. If your application is approved, the decision will include details about your new zoning or permit status. If your application was denied, the notice should include information on how you can appeal the decision and what steps you need to take next.
Typically you have 30 days or less to complete your forms and file your appeal with the appropriate office. Review your zoning board decision notice for details. In some counties the appeal will be made to a judge in the county court. If you haven’t already hired an attorney, you should strongly consider hiring one to handle your appeal. Be aware that in some cases, abutters or others who object to the granting of your application may also file their own appeals, requesting that it be reconsidered and denied, perhaps due to some errors in the process or a perceived violation of law.
Safety and liability are important concerns, especially if you’re incorporating a structure such as a barn. Make sure your liability insurance is up to the task of protecting you if someone is injured at an event. Narrow bridges or steps may cause accessibility concerns. You may have to build additional entries that are accessible for wheelchairs and other disabled guests. Parking also should be a concern. The size of event you can host may well be determined by the number of cars you can accommodate. You may want to consider paving a parking area, as rain can cause inhospitable conditions for wedding guests forced to park in a gravel lot of a field. If you’re using a structure, have a fire marshal or other inspector certify the number of people you can safely host in the structure and ensure other regulatory requirements are met. This may also apply to temporary tents, which must meet building code and fire code.
For example, if you plan on hosting receptions at which alcohol is served, you may need a permit to serve alcohol on your property. You may need other permits for late-night gatherings or if the wedding party wants to have a bonfire or set off fireworks. Other issues may arise from performance of live or recorded music. In many cases, the venue owner is responsible for obtaining the licenses, unless otherwise agreed with the performers or the DJ. Review the list of licenses in your area and apply for the ones you want. If there are some you’d rather not deal with, make a note to include it as a restriction in your contract.
If you don’t have certain licenses, your potential clients should understand that those things are not permitted if they want to hold their event on your property. For example, if you don’t have an alcohol license, this should be included in your contract. Potential clients who want alcohol at their reception may prefer to hold the ceremony at your location and the reception elsewhere. You also need to note the days of the week your property is available, and the times of day events can take place. List limitations on the party size you can accommodate, as well as any other restrictions or limitations. The contract also should include any provisions regarding early access to the location to set up before the event, and your requirements for cleaning up after the event. Settle on a price to rent your property for a wedding or other events, and state it specifically in your contract.
The easiest way to find event planners is to do a basic internet search. Once you find event planners in your area, review their websites to get a feel for the types of events they frequently plan. If you see an event planner who focuses on rustic occasions, or has previously planned a wedding on a farm or in a barn, put them on the top of your list. When you contact event planners, give them an opportunity to come and tour your property and take pictures so they can sell it to potential clients. You might want to consider offering a discount to your first few clients just to get your property out there and help spread the word.
