Application to a Zoning Board for Variance From Zoning Restriction
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FAQ
Some examples of area variances might include: A request to put a fence up along your property line. A request to build a property closer than normally permitted to a roadway. A request to build a structure higher than usually permitted by the local zoning ordinance.
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
Unnecessary hardship is a term commonly used in zoning law to justify the grant of a variance from zoning regulations.That the requested use variance, if granted, will not alter the essential character of the neighborhood; and. That the alleged hardship has not been self-created.
Present a (real) hardship. Be Respectful. Be Prepared. Create exhibits. Practice your argument. Review with the ZEO.
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?
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.
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.