Define: Variance

A variance is a legal permission granted by a local government or zoning board that allows a property owner to deviate from the established zoning regulations or restrictions for their property.

You need to apply for a variance when you want to use your property in a way that is not permitted by the existing zoning regulations. This could include building a structure that exceeds height or setback requirements, or using the property for a different purpose than what is allowed.

To apply for a variance, you typically need to submit an application to the local zoning board or planning department. The application will require you to provide details about your property, the proposed variance, and any supporting documentation or justifications for the request.

When deciding on a variance application, the zoning board will consider factors such as the impact on neighboring properties, the character of the neighborhood, the hardship faced by the property owner, and whether the variance is in line with the overall goals and objectives of the zoning regulations.

A use variance allows a property owner to use their property for a purpose that is not permitted by the zoning regulations, while an area variance allows a property owner to deviate from specific dimensional requirements such as setbacks, height limits, or lot coverage.

The length of the variance application process can vary depending on the jurisdiction and complexity of the request. It can take anywhere from a few weeks to several months to receive a decision on your application.

Yes, your neighbors have the right to oppose your variance application. They can voice their concerns or objections during public hearings or meetings held by the zoning board. Their opposition may influence the final decision on your application.

If your variance application is denied, you may have the option to appeal the decision. The appeal process typically involves presenting your case to a higher authority, such as a local board of appeals or a court, who will review the decision and determine if it was made in accordance with the law.

Yes, you can sell your property with an approved variance. However, it is important to disclose the existence of the variance to potential buyers, as it may affect their future plans for the property or their ability to obtain financing.

In certain circumstances, a variance can be revoked. If the property owner fails to comply with the conditions or restrictions set forth in the variance approval, or if the variance is found to have been obtained through fraudulent means, the zoning board may initiate proceedings to revoke the variance.