Zoning In on the Carwash Site
Facing a zoning board requires preparation and an informed team

By Sara Cooper

It is a scenario some operators are all too familiar with. After going through the process of choosing a carwash site, contacting the right people, appearing at numerous zoning meetings and spending lots of dollars, their plans are struck down by a planning or zoning board that does not feel the proposed carwash lines up with the community's vision.

Dealing with zoning laws is without a doubt one of the biggest obstacles operators face when planning a new site. Zoning laws and the stringency with which these laws are upheld vary widely from city to city and board to board.

Peter Pitman, principal architect for Pitman and Wardley Architects, LLC, Salem, Mass., has recently been spending a lot of time aiding carwash operators in the planning stages of their washes and dealing with zoning boards on a regular basis.

"Every town or county will have its own zoning requirements, and the boards are primarily made up of lay members," he says. "And how either an [elected] or appointed board of lay members interprets the town's desires and the legal zoning requirements varies from individual to individual."

Although dealing with zoning issues can be a highly unpredictable and often frustrating experience, there are a number of things operators can do to expedite the process and avoid more trouble than is necessary.

Building an entourage

One of the most common problems with zoning, Pitman says, is that many operators don't realize how much is involved in the process. They may think they can simply walk into the zoning meeting, answer any questions the board may have, and walk out. What they don't realize, Pitman says, is the wide array of information they will be asked to provide, addressing such things as species of plantings, site lines and angles, and utility discharge and usage.

Before passing through the doors of any zoning meeting, Pitman suggests having an attorney, a site engineer and an architect close at hand. When choosing an attorney, he says to look for someone who is familiar with the zoning board at hand.

"Every town has a local zoning attorney who is up before the board every meeting," Pitman says. "He can be invaluable not only in getting you through the local pitfalls, politics, idiosyncrasies and characters of the board, but also, if there is opposition, you take him away from your potential adversaries."

Ed DiNicola, general manager for Andretti Enterprises in Philadelphia, Pa., agrees and adds that it is particularly important that the attorney is up on the environmental issues in the area.

The site engineer's main responsibility is to prepare the site plan for the board. He is there, Pitman says, to provide any needed information regarding boundaries, zoning requirements, existing structures, if any, existing contours and any utilities that will be on the property.

The board will want to see some type of conceptual drawing. Often it is the architect's job to use the data collected by the site engineer to come up with a site schematic or design to present to the board. While this is sometimes handled by the civil engineer, Pitman believes it is best to engage the architect in the preliminary site design, working with the site engineer. An architect will usually have a better understanding of the inner function of the building and the zoning requirements, whereas the site engineer may be looking at things from more of a site-circulation perspective.

"A team that involves your site engineer, your architect and your attorney working together to get your project passed is going to be your most economical and expedient path to success," Pitman says.

Property and permits

Most of the time, a carwash will fall under a commercial or business zoning classification, Pitman says. This will vary depending on how the codes are written. Under these classifications, the carwash can typically operate under what is called a permitted use, meaning it meets the qualifications set out for the site.

DiNicola says zoning classifications can be misleading and it is rare that a property is zoned specifically for a carwash. "What will happen is a realtor will say it is zoned for automotive use, but if [the operator] gets a copy of the zoning book, automotive use may not mean carwash," he says.

A carwash typically will be required to apply for one of two types of permits depending on the individual circumstance ­ a special-use permit or a variance. Pittman says a special-use permit basically signifies that a carwash is in compliance with all zoning requirements and is a relatively quick and painless process. Qualifying for a special-use permit means the building sets within all of the setbacks, conforms with locked ratios, or the size of the building and the amount of asphalt on the block, has the right percentage of green space, the right number of parking spaces and meets all of the rules set out by the city or town.

The special permit is an allowed use but it requires an operator to go before the board for approval. This gives a zoning board the opportunity to review the design and its compliance with zoning requirements and the city's overall planning intent and strategies.

Pitman says, for example, the zoning boards may not require a specific amount of planting to be used in a given design, but may, after review of the carwash plans, ask the operator to meet certain standards for approval.

"The carwash owner may have to provide a certain level of planting and landscaping or comply with certain lighting requirements that may not be specifically spelled out, but are imposed on the operator with the idea of somehow maintaining the overall aesthetics of the community," Pitman says.

At this point, an operator has to weigh the benefits and drawbacks of the situation at hand, Pitman says. Is it worth it to argue with the board and further delay the process, or would it be better to front the funds for a few more trees on the property?

A variance can be a bit more complicated and is where most operators run into the biggest delays. Pitman says a variance is required when an operator is seeking relief from a particular zoning requirement because of some hardship it would impose on the business. The team representing the carwash must demonstrate that the variance would allow for the most effective use of the site.

"There is a higher burden of proof for the attorneys and architect to convince the board that they should allow this to happen," Pitman says.

Pitman gives the example of a carwash that is encroaching on a property line. The operator may argue that extending the property would have no adverse effect on the neighboring business and would maximize the carwash site.

"It may be a perfectly reasonable request, but you are breaking the rules," Pitman says. "As long as you show good reason for it, or some hardship, the board will usually grant it, so long as there is no vehement opposition."

Another example of a variance situation is a carwash operator looking to change the use of the property. DiNicola is currently working with an operator who wants to put up a carwash on a site that was zoned residential in the 1930s and has not been reevaluated despite changes in the community. The operator submitted the request several months ago and is awaiting the zoning board's approval. Pitman says the variance process will typically take a couple of months, although it can take longer depending on the board.

Often an operator will at some point be required to deal with both a planning board and zoning board. Whereas the zoning board is mainly involved in relief from zoning requirements, the planning board looks at the proposed project in terms of community impact.

The sequence in which the operator deals with each board can vary. In some areas, Pitman says an operator will need to go before a zoning board and receive the variance before the planning board will even hear the case. In others, the zoning board will require the operator to go through a planning board before hearing the case. In other communities, an operator can go through both boards simultaneously. In some cases, other city planning groups such as conservation boards may be involved.

Pitman says dealing with each board could be a two- to three-month process if everything is going smoothly. However, there is no rule of thumb. A more-complicated zoning process with an inefficient board could take six months to a year or more.

Meeting opposition

Unfortunately, when a carwash operator gets into a zoning situation he is often faced with the responsibility of breaking down stereotypes about the business.

"The perception that most people have in their minds when you say the word carwash is a concrete block building with a flat roof and a big yellow sign that says carwash on it," Pitman says.

DiNicola says in his area, nearly any time a carwash gets involved in a zoning situation, the zoning board meeting room is filled with local residents objecting to the plan. Many harbor preconceptions about the industry revolving around crime levels, noise, water usage and cleanliness. The operator coming into the situation already has points against him.

"These meetings can get very tense," DiNicola says. "I have seen a lot of yelling and screaming from people in the audience."

In his area, some zoning meetings are televised, which he says alters the atmosphere, turning the proceedings into somewhat of a production.

With the help of the right team, there are a number of things a carwash owner can do to combat carwash stereotypes. First, it is important that the operator invest in the aesthetics of the building. Pitman says an operator should go into the board meeting with a thoughtful design that already includes structure and landscaping elements the board will want to see.

"They will always find something to pick on, but if you have done your homework, then they are picking at the edges instead of addressing major elements of the design. That way you expedite the process," he says.

DiNicola recalls one multi-site operator who actually bused the zoning board to a couple of his existing sites. This helped him through the zoning process, as officials gained a better understanding of what his carwash was all about.

It also might be helpful to come prepared with traffic studies of the area in which the carwash will be built. In fact, Pitman says this is often required. Rather than an operator spending a lot of money to have these done himself, DiNicola suggests visiting the local municipality and requesting an existing study that may be a couple of years old, but will do the job.

If this is not available, Pitman suggests a couple of other options. If the site will be located on a large, open road with wide expanses and plenty of turn-in space, the traffic requirement can probably be met by the site engineer. With a suburban site, an operator may need to include a traffic consultant as part of the team, usually a subcontractor brought in under the civil engineer. And rather than investing in expensive demographic studies, it is easier for the operator to let someone else do the work for him. DiNicola says oftentimes larger companies such as gas stations or fast-food chains will spend a couple of years and a lot of money compiling demographic information for a particular area. If this type of business already exists near the planned carwash site, the operator can use its results.

William Kuntzler, owner/operator of Fire House Car Wash in Denver, Colo., says the wash has been through a number of difficult zoning situations since the first property was acquired in 1966. He believes extensive preparation is crucial before going before the board. He adds that a city will typically have a zoning ordinance manual an operator can acquire and refer to with questions involving the proposed site. If the operator is acquiring an existing site, he recommends visiting the zoning department and obtaining the existing zoning file on that property that details its zoning history.

It is not typically a zoning or planning board's intent to make it as difficult as possible to open and successfully run a carwash, DiNicola says.

"I have a lot of respect for these zoning boards and planning commissions. They can be difficult to work with, and sometimes I think they can push it too far, but overall I believe they want the best for the particular town they are representing," DiNicola says.

By having a better understanding of zoning rules and regulations from the onset of a carwash project, operators can avoid zoning problems or at least be better prepared to deal with them as they arise.

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