Zoning involves government-imposed restrictions 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 that may be referred to when preparing such a form for your particular community. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Hawaii Detailed Application to a Zoning Board For Variance From Zoning Restriction with a Plot Plan Showing Block and Lot Numbers and Existing as well as Proposed Structures Introduction: In Hawaii, obtaining a variance from zoning restrictions for a property is a crucial step for real estate developers, homeowners, and business owners seeking to deviate from existing zoning regulations. This detailed application guide outlines the necessary components of an application seeking a variance from zoning restrictions in Hawaii. The application should include a comprehensive plot plan indicating block and lot numbers, along with clear illustrations of both existing and proposed structures. 1. Understanding the Zoning Regulations in Hawaii: To effectively apply for a variance, it is crucial to thoroughly comprehend the zoning regulations relevant to the particular location and property. Hawaii has diverse zoning designations, including residential, commercial, agricultural, industrial, and mixed-use zones. Each zone has specific restrictions and requirements for development. 2. Components of a Hawaii Detailed Application for Variance: a. Applicant Information: Provide contact details, full legal names, and addresses of the property owner or leaseholder who is seeking the variance. b. Property Description: Include the complete legal description of the property, including the block and lot numbers assigned to it. c. Zoning Analysis: Conduct an in-depth analysis of the existing zoning regulations that apply to the property, detailing the specific zoning restrictions that make a variance necessary. Explain how adherence to the current regulations would cause undue hardship or prevent reasonable use of the property. d. Variance Request: Clearly state the specific variance being sought, highlighting the aspects of the zoning regulations that need to be modified or exempted. e. Plot Plan: Include a professionally-drafted plot plan illustrating the property boundaries, existing structures, and proposed modifications or additions. The plot plan should prominently feature the block and lot numbers associated with the property. f. Existing Structures: Provide accurate and detailed information about any structures already present on the property, including their purpose, dimensions, and compliance with existing zoning regulations. Include photographs if necessary. g. Proposed Structures: Describe the proposed changes or new structures in compliance with the variance request and outline how they will adhere to other relevant regulations such as setback requirements, height restrictions, and architectural guidelines. Provide illustrations or architectural renderings to aid the board's understanding of the proposed structures. h. Justification for Variance: Present a strong justification for why granting the variance is in the best interest of the property, the surrounding area, and the larger community. This may include economic benefits, preservation of historical features, or meeting public demands. i. Supporting Documentation: Include any additional documents that support the application, such as project plans, environmental impact assessments, and expert opinions. Types of Hawaii Detailed Applications for Variances: 1. Residential Variance Application: This application is specifically for homeowners seeking variances to construct additions, modify existing structures, or change property use within residential zones. 2. Commercial Variance Application: Intended for business owners looking to deviate from zoning restrictions within commercial or mixed-use zones, allowing for the development of retail spaces, offices, or other commercial establishments. 3. Agricultural Variance Application: Designed for farmers or agricultural businesses seeking variances to enable activities not typically permitted under existing agricultural zoning restrictions, such as farm-to-table restaurants or farm-based tourist attractions. Note: The specific requirements and guidelines for these applications may vary, but the fundamental aspects outlined above remain essential for constructing a robust application for a variance from zoning restrictions in Hawaii.
