Hawaii Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners

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US-01294BG
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Description

Zoning is a 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 of a notice from an applicant who is appealing a decision of a zoning board of a municipality to a higher administrative agency. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

It allows property owners to deviate from standard zoning requirements applicable to their property while maintaining the underlying zoning classification. To obtain an area variance, applicants must meet the specific requirements outlined in New York State Town Law Section 267-b(3).

As defined by state law, an ?area variance? is ?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.?2 In contrast, the more elusive use variance is defined as ?[t]he authorization by the ...

A Zoning Variance is a special approval to develop a property in a manner that does not completely conform with the Zoning Regulations.

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.

What does variance mean in zoning? A variance is a specific waiver a property owner can use to make changes to their land that otherwise would go against local zoning ordinances.

The other is Area Variance, which is a request to use a property for something other than the allowed physical uses. For example, a homeowner may want to build a fence that is larger than is allowed.

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Hawaii Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners