Guam Petition to Board of Zoning Appeals in Support of Application for a Variance

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US-01290BG
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Description

Zoning is a government-imposed restriction on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example of a petition appealing a decision of a zoning board of a municipality to a higher administrative agency. In this petition, petitioner is asking that he be allowed to use the premises in a way other than for a dwelling.

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FAQ

It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance. Typically, variances are granted when the property owner can demonstrate that existing zoning regulations present a practical difficulty in making use of the property.

(1) The Sales Comparison Approach, (2) The Cost Approach, (3) The Income Approach. A method for estimating the market value of a property by comparing similar properties to the subject property.

"Area variance' shall mean the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations."

What does the DUST acronym stand for, and what does it relate to? - Demand, Utility, Scarcity, Transferability; DUST recalls the characteristics that make real estate valuable.

USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.

Examples of zoning variances Engaging in construction or some other alteration so that the building or property qualifies for a new zoning classification, like modifying a single-family home to be a duplex. Intent to change the use of an existing property or building, like turning a house into an antiques store.

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Guam Petition to Board of Zoning Appeals in Support of Application for a Variance