Essentially, a property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values. If granted, a variance acts as a waiver to some aspect of the zoning law or regulations.
What does Approved with variance mean?
In real estate, a variance is an exception to the local zoning law. Rather, it acts as a waiver to a zoning regulation, granted on a case-by-case basis for specific requests. Once a zoning variance has been granted, it runs with the land, which means it’s attached to the property rather than its owner.
What are some of the hardships to get a variance passed?
In order to obtain the variance, the applicant must show all of the following:
- Unnecessary hardship would result from the strict application of the ordinance.
- The hardship results from conditions that are peculiar to the property.
- The hardship is not a self-created hardship.
How hard is it to get a variance approved?
The standard of approval for a dimensional variance is “practical difficulty,” which the courts have defined to mean that strict compliance is “unnecessarily burdensome” and granting the variance would “do substantial justice to the owner.” The “undue hardship” standard for a use variance is much more difficult to meet …
Why would you need a variance?
A variance is a request to deviate from current zoning requirements. Instead, it is a specific waiver of requirements of the zoning ordinance. Typically, variances are granted when the property owner can demonstrate that existing zoning regulations present a practical difficulty in making use of the property.
Will my variance be approved?
In general, your variance will probably be approved if your property has some unique characteristic”a severe slope or an odd shape, for example”that prevents you from enjoying the same kind of property use that your neighbors have.
How long does it take to get a variance approved?
The entire process typically takes 45 to 50 days to complete. The Planning Commission reserves the right to continue your application should it be deemed necessary. WHAT HAPPENS AFTER MY VARIANCE REQUEST HAS BEEN APPROVED OR DENIED?
How do I get a variance?
Usually, the land owner seeking the variance files a request or written application for a variance and pays a fee. Normally, the requests go first to a zoning board. The zoning board notifies nearby and adjacent property owners. The zoning examiner may then hold a hearing to determine if the variance should be granted.
What is a code variance?
A variance is a deviation from a specific regulation in a code. Zoning regulations implement the requirements of a jurisdiction’s General Plan, and a Zoning variance that violates the zoned options for the property cannot be approved unless a companion process is used to amend the General Plan and change the zone.
Is it easy to get a variance?
Getting a variance can be a tricky and expensive process, and if you don’t prepare yourself properly, you may be fighting a losing battle. By learning how to obtain a variance for your lot, you improve your chances of navigating the process smoothly, quickly, and at minimal cost.
What’s the difference between a special use permit and a variance?
In contrast, an applicant for a special use permit does not have to show hardship. Instead, the focus is on simply showing that the proposed use meets the conditions already contained in the ordinance, whereas a variance is, in essence, permission to “break the law.”
What is the condition to be granted a variance?
A variance is a form of relief that is granted when the application of the zoning regulations results in “peculiar or unusual practical difficulties” to a property owner.
What’s a zoning variance?
What is a Zoning Variance? A zoning variance provides a property owner with the legal permission to build structures or use land in ways that are contrary to existing local zoning conditions.
How hard is it to get a zoning variance?
In general, a variance will only be granted if the following 4 criteria are met: Compliance with the zoning laws would cause undue hardship on the landowner; The proposed construction is necessary for reasonable use of the property; The proposed construction represents the least intrusive solution possible.
Is it hard to get a variance?
How long does it take to get a variance?
A complete Variance application submitted to the Planning Division office by the deadline date will be scheduled for the Planning Commission meeting at the end of the following month. The entire process typically takes 45 to 50 days to complete.
What is the difference between spot zoning and a variance?
Spot zoning generally occurs after the zoning laws have been established for a particular zone. They can sometimes accomplish spot zoning by: Requesting that the zoning plan or ordinance be changed or amended. Applying for a conditional use or special use permit (also called a “variance”)
Can a business apply for a zoning variance?
A developer or property owner can apply for variances that would allow certain exceptions to zoning regulations. This would let property be used in ways generally not permitted. For example, the owner of a home-based business might request a variance to allow the operations to continue.
When do you need a variance for a nonconforming use?
In those municipalities where expansion is prohibited by the zoning ordinance, a variance is necessary in order to allow expansion. Expanding a nonconforming use by variance normally involves a “use variance.” Rathkopf, The Law of Zoning and Planning, Section 51A.05.
What’s the difference between water rights and zoning?
Zoning ordinances are local laws that define how property in specific geographic zones can be used. They can be bypassed with a variance. Water rights pertain to the legal rights of property owners to access and use bodies of water adjacent to lands they hold.
Which is the best definition of zoning law?
DEFINITION of Zoning. Zoning refers to municipal or local government laws that dictate how real property can and cannot be used in certain areas.