How to Obtain a Variance for Your Lot

How hard is it to get a variance to build?

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

What is Property variance?

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.

How do you find out if a property has a variance?

To obtain a variance, a landowner must file a request or written application with the zoning board. This request, and whether or not it was granted, will be on file with the local zoning board or at the county office. This is public information and can be found if you investigate a home’s history.

How do you get a variance code?

Application Path:
  1. Step 1: Navigate to the EZOP Portal.
  2. Step 2: Click “Planning” in the navigation menu.
  3. Step 3: Click the “Create an Application” button.
  4. Then click the “Continue Application” button.
  5. Step 5: Select “Variance” and click “Continue Application” to begin the application. Variance.

What is an example of a zoning variance?

Zoning variance example

If you are buying a piece of land in a residential neighborhood and desire to build a pizza parlor that you think will attract customers and make it a more enjoyable place to be, you may request a zoning variance from the local government.

How long does a variance take?

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.

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.

What is a code variance?

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. … A variance may also be known as a standards variance, referring to the development standards contained in code.

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 …

What constitutes a hardship for a zoning variance?

“Henceforth, applicants for a zoning variance may establish unnecessary hardship by proof that: 1) a zoning restriction as applied to their property interferes with their reasonable use of the property, considering the unique setting of the property in its environment; 2) no fair and substantial relationship exists …

How do you write a request for variance?

Be polite, direct and specific: “I am writing to seek a fence variance for my single-family home at (provide the address and the town.) Current zoning rules say that fences must be no more than 4 feet tall; I respectfully request to install a fence that is 5 feet tall.”

Can you apply for a variance after the fact?

The Board argues that granting an after-the-fact variance would, “unduly undermine the zoning code’s requirement of needing a permit or variance before beginning any construction” and would be against public interest. If this reasoning were correct, no person would ever be able to obtain a variance after-the-fact.

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.

What is a property hardship?

The hardship (not being allowed to build an addition) flows from the strict application of the ordinance (the setback) and is peculiar to the property (because of the shape of the lot). A variance may be appropriate if the owner presents evidence to show she meets all of the standards. … Consider that same narrowing lot.

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.

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 is variance zoning?

Zoning variances provide property owners with legal permission to use their land and build structures that would otherwise contradict the local zoning laws. Variances do not change the zoning of the property — it merely allows the landowner to use the land in ways that would not usually be permitted.

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