How do you oppose a zoning variance?

If you receive a notice that a neighbor or some property owner nearby to you proposes to build something that would require a zoning change or variance and you object to the purpose, you have the right to voice your opinion and try to prevent this change.

How do you justify the approval of a variance?

In addition to those standards for “unnecessary hardship,” the statutory standard for granting a variance requires the applicant to show that “[t]he requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.”

What is a hardship for a variance?

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 …

Can I appeal a variance?

An appeal from a decision of the Area Planning Commission granting or affirming the grant of a variance may be filed by the applicant or any person aggrieved by the decision. The appeal shall be filed in the Department of City Planning upon forms provided by the Department.

Can a variance be revoked?

Revocation of Variance. The conduct of any activity or the use, operation, construction, maintenance or removal of any facility in violation of any of the conditions of a variance or of any statute, law, ordinance or other applicable regulation shall be grounds for revocation of said variance.

What would be a valid reason for a city to approve a zoning variance?

Typically, variances are granted when the property owner can demonstrate that existing zoning regulations present a practical difficulty in making use of the property. Each municipality has rules for variance requests. The zoning board notifies nearby and adjacent property owners.

Is it difficult to get a zoning variance?

While it’s difficult to obtain an area or use variance, there are situations that may allow your application to be granted. This article offers a detailed guide to zoning variances and the many reasons why you might want to apply for one.

How do you fight a variance request?

A good way to begin the process is to circulate a petition against the zoning variance request around the neighborhood, obtain signatures, addresses and telephone numbers, and send the signed document to the entity hearing the variance request to be placed in the administrative record before the local zoning board or …

Is it hard to get a variance?

A use variance is more difficult to obtain than an area variance. There are many situations where you might require one of these variances, which include: If you want to make a building on an otherwise vacant piece of land. If you want to change how a current building is being used.

Does a variance run with the land?

As a generally accepted legal principle, zoning variances run with the land. That means that they’re unaffected when you sell your house. However, some variances can be limited for 5 or 10 years, and when they expire, the new owner would have to obtain a new variance.

How long does a variance last?

What is setback variance?

When a parcel appears to have limited potential, the setback variance process allows a property owner the same development privileges enjoyed by other property owners within the same zone district.

What is a land use variance?

Variance (land use) A variance is a deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the municipality. A variance may also be known as a standards variance,…

What is a variance permit?

A use variance is a variance that authorizes a land use not normally permitted by the zoning ordinance. Such a variance has much in common with a special-use permit (sometimes known as a conditional use permit).

What is a variance application?

A variance is an administrative exception to land use regulations. The use and application of variances can differ considerably throughout the great number of municipalities worldwide that regulate land use on this model. The issuance of variances may be very common, or nearly unheard-of in a given municipality.

What is a variance in real estate?

Definition of Variance for Property Zoning Purposes. A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use his land in a way that is ordinarily not permitted by the zoning ordinance. It is not a change in the zoning law, but a waiver from the requirements of the zoning ordinance.