A variance in zoning is a legal mechanism that allows a property owner to deviate from the established zoning regulations of their area. It is granted by a zoning board or other governing body, and can be used to permit a specific use or development that would not otherwise be allowed under the existing zoning code. Variances are typically sought in cases where the property owner can demonstrate that the proposed deviation from the zoning regulations will not negatively impact the surrounding community or environment. The four key elements of a variance in zoning are: the property owner, the zoning board or governing body, the zoning regulations, and the proposed deviation.
Understanding Zoning Variances
A zoning variance is a legal permission granted by a local zoning board that allows a property owner to deviate from established zoning regulations. It’s like getting an exception to the rules that govern how land can be used in a particular area. Variances are often sought to allow for projects that don’t fit the standard zoning requirements, such as building a larger home, adding a deck, or operating a business.
Types of Variances
- Area variance: Modifies the size or shape of a lot or building footprint.
- Use variance: Allows a different use of land or a building than what is permitted in the zoning district.
- Height variance: Adjusts the maximum building height allowed.
- Setback variance: Reduces the distance required between a structure and property lines.
Application Process
- Submit application: File an application with the local zoning board, outlining the proposed change and why it’s needed.
- Public hearing: A public hearing is held to allow neighbors and the community to voice their opinions on the variance request.
- Review by zoning board: The board reviews the application, public comments, and the zoning regulations to determine if the variance is warranted.
Conditions for Granting a Variance
- The change is necessary to avoid undue hardship.
- The change will not adversely affect neighboring properties or the community.
- The change is in harmony with the general purpose and intent of the zoning ordinance.
- The change is not contrary to public interest.
Table: Examples of Zoning Variance Requests
| Variance Type | Example |
|---|---|
| Area variance | Dividing a large lot into two smaller ones |
| Use variance | Using a residential property for a commercial business |
| Height variance | Building a taller apartment complex in a low-rise neighborhood |
| Setback variance | Placing a new deck closer to the property line than allowed |
Question 1: What is the Definition of Variance in Zoning?
Answer: A variance in zoning is a legal permission granted by a zoning board to allow a property owner to deviate from the established zoning regulations for their property.
Question 2: What are the Circumstances that Warrant a Variance in Zoning?
Answer: A variance may be granted when a property owner demonstrates that the strict enforcement of zoning regulations would result in an unnecessary hardship or practical difficulty that cannot be overcome by other means.
Question 3: What Factors are Considered in Granting a Variance in Zoning?
Answer: Zoning boards typically consider the following factors when evaluating a variance request: the nature of the proposed deviation, the potential impact on neighboring properties, the compatibility of the proposed use with the surrounding area, and whether there are any alternative options available that would not require a variance.
Well, there you have it, folks! Now you know what a variance in zoning is all about. If you’re considering applying for one, be sure to do your research and make sure you have a solid case. And remember, if you don’t get the variance you want, there are other options out there. So don’t give up hope! Thanks for reading, and be sure to check back later for more informative articles.