CarWash Zoning and Permitting Navigating the Process

There are four general categories that relate to zoning for car washes. Let’s review each one:

a. Not Zoned for a Car Wash
The first question to ask is if this site is zoned for a car wash. In this day and age, it is extremely difficult to change zoning for any reason and especially so to change the zoning to allow a car wash to be built. If you do attempt to re-zone, it will be a long and expensive process with no certainty of outcome. Operators have spent over $200,000 in legal fees, engineering fees, architectural fees, lobbyist fees, and have come up empty handed. Also, add an extra year at a minimum to the normal one-year process. In conducting site assessments for almost 20 years, I have never seen this process take less than 2 years from beginning (site acquisition) to end (car wash opening). If it is re-zoning, think time and money, and you may not get it.

b. Variance
The next level down from re-zoning, in terms of difficulty of being able to build a car wash, is to seek a variance within the existing zoning. If the property that you wish to build on sits in some form of a commercial or industrial classification but does not allow car washes, requesting a variance in the zoning can be almost as difficult in terms of process as re-zoning, but it has more likelihood of success. Even if a variance is granted, a conditional-use permit will still usually need to be sought and approved.

c. Conditional Use
Conditional use is a situation where the zoning does not prohibit car washes, but permission to build one must be obtained. This status is quickly becoming the situation for most prospective car washes.

If a conditional-use (or as it is sometimes called, a special-use) permit is requested, the chances are better of obtaining a permit to build a car wash. However, in the due diligence period before closing on the land, it is highly recommended that you consult with the local officials of the municipality in which you are building, as well as the neighbors to the property, to determine how difficult this process is going to be. Over time, more and more communities have put in specific restrictions that are intended to make it difficult to build a car wash. Unfortunately, building a car wash is often greeted with all the enthusiasm of building an adult video store. Although this is unfair and an inaccurate representation of what a car wash might do to a neighborhood, the image is there and has to be dealt with. That’s why having an attractive artist rendering and good plans are a minimum requirement if you’re going forward to ask for a conditional-use permit.

d. Zoned for a Car Wash
It is often believed that just because a location has a car wash as an explicit, permitted use that there will be no difficulties in obtaining the necessary permits to build a car wash. Again, if you understand that car washes are not enthusiastically received in most communities, you will understand how municipal officials can make even a simple permitting process more difficult. In all of these cases, the municipal officials generally are more concerned about doing what their bosses want them to do, and their bosses, who are public ally-elected officials, are more concerned about what the voters think than they are about helping one business person be successful. A great example of this is sign codes. I have seen situations where a car wash is a permitted use, but the sign code is so restrictive that without an exception being made to that sign code, it does not make sense to build a car wash on that site. Caveat emptor: even when car wash is a permitted use. There is a minefield regarding all of the various potential classifications of zoning that needs to be negotiated.

II. Who’s on Your Team?
Depending upon whether a car wash is a permitted use or at the other end of the spectrum not zoned for a car wash, will determine the number of different professionals that you will need to work with to be successful.

At a minimum, you’re going to need a general contractor, an architect (unless the GC is a design build firm), and a local engineering firm. Depending upon the situation, you may need some or all of the following professionals to be involved in the process:

a. Attorney
You are looking for an attorney is someone who has been before the various local entities from whom you are going to seek approval for your car wash. Ideally, this attorney would be well-known locally and have some political influence (think Andy Griffith’s portrayal of Matlock on TV years ago). This person will prepare and present your case, if needed, in front of the local municipal officials. This is not always required as far as presentation goes (i.e., the local officials would rather talk to the owner), but their counsel will definitely be needed.

b. Sound Engineer
Their services are sometimes required to conduct a sound test at the site, examine data relating to the noise factor of car wash blowers and vacuums, and to compile a study that determines if the code regarding loud noise levels is being complied with.

c. Traffic Engineer
This professional is sometimes called upon to conduct a study to determine the impact of the projected car wash volume on local traffic conditions.

d. Structural Engineer
A report is sometimes required to determine that the building structure is within compliance of the building code.

e. Landscape Architect
Sometimes a municipality requires a landscape plan from an architect who has the proper credentials regarding this area of architecture. Most local architects do not offer this service as part of their professional offerings, and it will need to be subcontracted out.

f. Lobbyist
In the cases where it is anticipated that there will be considerable local opposition, a local lobbyist’s help is sometimes sought to work with the local neighborhood group and the members of the boards from whom approval will be sought.

g. Planner
This is a professional who can assist in determining that all of the elements of the car wash plan fit within the overall requirements of the community plan that is currently in place. This planner, ideally, has often had contact or a relationship with the local municipality, as well.

h. Car Wash Consultant
Help is usually required, especially regarding the prospective car wash equipment to be used, from either an industry consultant, local distributor, or the manufacturer. Information regarding noise levels, capacity for reclaim, overall water treatment, and water usage are the areas of expertise that is most often needed.

i. Development Professional
There are individuals and firms that oversee all of the professionals listed above, as well as manage the construction process. If a person or firm is good, they will usually pay for themselves in terms of reduced construction costs and control of professionals’ billable hours. Although a general contractor will offer to do this, rarely are they set up to manage all of the above professionals for the duration of a project, and of course, it would be unrealistic to expect them to manage your bid process.

When you are looking at the possibility of managing upwards of 12 different professional entities on your team, building a car wash can be more complex than is commonly perceived. And usually, the quality of these professionals will be important to the success of the project and, most often, will save you time, money, and anguish.

III. Competing Interest Groups
The various entities whose interests need to be addressed, unfortunately, rarely approach the approval process of a car wash in any way less than an adversarial manner. This is especially true in the instance of a re-zoning or a variance request. Investors who have been through the meetings of these interest groups have come to greatly appreciate properties where car washes are already a permitted use. Here are the groups that need to be considered:

a. The Neighbors
If a car wash is being proposed near a residential area, and it is not a retail or commercial area, it is really important to find out early on what the feeling is going to be from the nearby population. If you meet with people one-on-one in a friendly manner and show them what an attractive concept you are proposing, it can really stop a lot of resistance from forming.

The primary concerns are usually noise levels, quality level of the people who both work at the car wash and might be attracted to hang out near the car wash, traffic problems that might be created by the car wash, and the appearance and cleanliness of the car wash property. A presentation that addresses all of these areas is needed.

b. The Planning Department
Depending on the size of the municipality, the Planning Department usually consists of several employees tasked with making recommendations to the Planning Commission. They will guide you in preparing proper documentation. Be prepared. In addition to the site plan, the Planning Department may request site elevations, preliminary landscaping plan, site lighting plans, summary of materials, color renderings, environmental impact studies, and traffic studies. Once all requirements are met, you will be given a date to appear before the Planning Commission for a public hearing.

c. The Planning Commission
Your public hearing with the Planning commission provides members of the community an opportunity to learn more about your intentions. The community can voice concern about your proposal before the commission votes to recommend (or not recommend) your project to the board. You will be asked to post a sign on the property announcing the meeting. It is also common to advertise the meeting in the local paper. You should have your site plan and may choose to bring an architectural rendering of the project to help answer questions. You may also be asked to send notice to any adjoining properties or property directly across the street.

d. The Municipality Board
Once past the Planning Commission, you will then be scheduled to appear before the municipality’s board for final approval. Approval from the board simply means you can build a car wash on the proposed lot. This is not a guarantee that it will be easy. If a board is against the construction of a car wash, permitting can be exceedingly difficult and costly. At this stage you will be assessed impact fees and begin the process of applying for your permit.

IV. Permitting Process
To explain in detail each and every permit is more than is possible in this article. What I’m going to do is list the permits that are almost always required, as well as some additional ones that may be required for your specific project. Once you review the list, I think you’ll understand that you need the help of some local professionals as outlined above.

a. Permits Required for Most Sites:

1. Building Permit—This permit is the major one needed and will require, ultimately, sign-off by the Building Department Inspector, Fire Chief, and whoever is in charge of the traffic (local Police Chief, County Highway Department, or State Highway Department)

2. Sewer or Discharge Permit—The local municipality and/or the local water authority are the usual bodies required for approval of this permit. Sometimes, if the site is near state reservoir, the state can also be a part of the approval process.

3. Sign Permit—The local municipality will have a building inspector or, in some cases, another department that deals with signage to give approval for this permit.

4. Water Service Approval—The local municipality, water authority, and fire department can all be involved in deciding if there is a sufficient water supply, as well as proper piping and connections, to supply your car wash.

5. Occupancy Permit—To occupy your building the local municipality has to sign off attesting that all of the above permits have been obtained, as well as that the building is suitable for occupancy and operation. A temporary occupancy permit is sometimes issued with a very tight timeframe (usually 30 days or less) indicated within which to bring everything up to compliance.

In almost all cases some variation of these five permits or approvals are required.

b. Other Permits Required:

The following permits can also be required in addition to the ones already mentioned above. The titles are fairly self-explanatory:

1. Site Development

2. Grading

3. Site Drainage

4. Encroachment

5. Excavation

6. Wetland Protection

7. Curb Cut

8. Regional Impact

9. Regional Road Impact

I probably have missed a permit or an approval somewhere, so, by no means should the reader consider this a completely exhaustive list. The most frequently required permits are listed. However, my point is that a perspective builder of a car wash needs to work with at least one local professional (start with the architect or engineer) to determine at the outset what are the local requirements that need to be complied with.

V. Ongoing Fees
In the course of a due diligence process regarding these permits, approvals, and fees required to obtain them, it is important to determine what the ongoing costs will be in each area. For example, utility rates are critical. Also, there sometimes may be renewal fees associated with any of the above permits. Knowing these fees before building your car wash will help you in calculating your ongoing operational costs.

All of the above issues that have to be addressed can be somewhat intimidating. To a great degree, I have outlined worst-case scenarios. The landscape, however, is changing for building car washes, and a really exhaustive due diligence is required before deciding to go forward with a project of this nature.