Understanding Zoning Variance
A zoning variance is a special form of permission granted by a zoning authority to a property owner. This permission allows for a deviation from the zoning requirements for the specific property. Generally, variances are granted when adhering strictly to zoning laws renders the property virtually unusable due to unique circumstances.
Real-Life Example
Sherman owns a unique piece of land zoned for low-density housing. However, due to the unusual shape and topography of his lot, Sherman finds it impossible to construct a home with the required minimum floor area while also complying with the setback requirements. As a result, Sherman applies for a variance, seeking permission either to build a smaller dwelling or to encroach upon the setback lines. If the variance is granted, Sherman will be able to make effective use of his property while still reasonably respecting the intent of the zoning laws.
Types of Zoning Variance
- Area Variance - Modifies zoning requirements related to physical characteristics like building height or lot coverage.
- Use Variance - Permits a property to be used in a way that deviates from current zoning laws.
How to Apply for a Zoning Variance
- Research Local Zoning Laws - Understand the specific requirements and restrictions for your property.
- Prepare Your Application - Gather necessary documentation like surveys, plans, and justifications for why a variance is needed.
- Public Hearing - Attend the zoning board meeting to present your case. Neighbors may voice support or opposition.
- Decision - The zoning board will approve or deny your request based on various factors, including hardship and public interest.
Benefits and Drawbacks
Benefits:
- Allows for customized development
- Utilizes otherwise unusable land
- Accommodates unique property features
Drawbacks:
- Lengthy and complex process
- Potential opposition from the community
- Additional costs due to legal and application fees
Frequently Asked Questions (FAQs)
Q: What are the chances of my variance application being approved?
A: Approval depends on various factors, including the unique characteristics of your property and whether your proposed variance aligns with the public interest.
Q: How long does it take to get a variance approved?
A: The process can vary but generally takes from several weeks to a few months, depending on the authority’s timelines.
Q: Can a variance be revoked?
A: Yes, a variance can be revoked if conditions are not met or if it is determined that the variance was granted on suepr symfalse information.
Q: Do I need a lawyer to apply for a zoning variance?
A: While not strictly necessary, consulting a lawyer experienced in zoning laws can help navigate the complex application process and potentially improve your chances of success.
Related Terms: non-conforming use, conditional use permit, zoning requirements, land survey.
