Define: Zoning Variance

Zoning Variance
Zoning Variance
Quick Summary of Zoning Variance

A zoning variance is a request made by a property owner to deviate from the rules and regulations set by the local government for land use in a specific area. It allows the property owner to use their land in a way that is not typically permitted by the zoning laws. For instance, if the zoning laws only allow for residential use, a property owner can request a zoning variance to use their property for commercial purposes. The local government decides whether to grant the zoning variance based on factors like the impact on the community and alignment with the goals of the zoning laws.

Full Definition Of Zoning Variance

A zoning variance is a formal request made by a property owner to deviate from the existing zoning regulations for their property. This request allows property owners to utilise their land in a manner that is not typically permitted by the zoning laws. For instance, if a property owner desires to construct a structure that exceeds the maximum height specified by the zoning laws, they can submit an application for a zoning variance. If the variance is approved, the property owner can proceed with building the taller structure. Similarly, if a property owner wishes to utilise their property for commercial purposes in an area that is designated for residential use, they can request a zoning variance to allow for the commercial use. Zoning variances are evaluated on a case-by-case basis and are subject to specific conditions and limitations. Generally, variances are granted if the property owner can demonstrate that the deviation will not adversely affect the surrounding properties or the community as a whole.

Zoning Variance FAQ'S

A zoning variance is a legal permission granted by a local government that allows a property owner to deviate from the specific requirements of the zoning ordinance for their property.

You need to apply for a zoning variance when you want to use your property in a way that is not permitted by the current zoning regulations.

To apply for a zoning variance, you typically need to submit an application to the local zoning board or planning department, along with any required fees and supporting documents.

When reviewing a zoning variance application, factors such as the impact on neighboring properties, public health and safety, and the overall intent of the zoning ordinance are taken into consideration.

The chances of getting a zoning variance approved depend on various factors, including the specific circumstances of your property and the local zoning regulations. It is best to consult with a legal professional to assess your chances.

Yes, you can typically appeal a denial of a zoning variance. The specific process for appealing may vary depending on the local jurisdiction.

The zoning variance process can vary in duration depending on the complexity of the case and the local government’s workload. It can take anywhere from a few weeks to several months.

In most cases, zoning variances are specific to the property owner and cannot be transferred to a new owner. The new owner would need to apply for their own variance if they wish to deviate from the zoning regulations.

Yes, a zoning variance can be revoked if the property owner fails to comply with the conditions set forth in the variance or if it is determined that the variance was obtained through fraudulent means.

Yes, it is possible to apply for multiple zoning variances for the same property if there are different aspects of the property that do not comply with the zoning regulations. Each variance application would need to be evaluated separately.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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