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 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.
Illinois Application to a Zoning Board for Variance From Zoning Restriction In Illinois, obtaining a variance from zoning restrictions requires submitting a detailed application to the local Zoning Board. A variance allows property owners to deviate from the existing zoning regulations for their property, granting them the flexibility to use their land in a way that may otherwise be prohibited. Types of Variances: 1. Use Variance: This type of variance is sought when a property owner wants to use their land in a manner that is not allowed by the existing zoning regulations. For example, if the property is zoned for residential use only, but the owner wishes to establish a small business, they would require a use variance to proceed. 2. Area Variance: This variance is needed when the property owner seeks relief from specific dimensional or physical requirements. It may include requests for alterations to setback distances, building height limitations, lot coverage rules, or other specifications outlined in the zoning ordinance. Detailed Description of Illinois Application to a Zoning Board for Variance From Zoning Restriction: 1. Contact Information: Provide the applicant's name, address, phone number, and email address for communication purposes. Include any legal representation details, if applicable. 2. Property Information: Include the property address, legal description, and parcel identification number (PIN). Specify the current zoning designation and any applicable zoning district regulations. 3. Description of Proposed Variance: Clearly state the type of variance being sought, whether it is a use variance or an area variance. Detail the specific zoning regulation(s) from which relief is requested. 4. Justification for Variance: Present a compelling argument explaining why the requested variance is necessary. Describe any physical, geographic, or unique characteristics of the property that distinguish it from others in the area, making strict compliance with zoning regulations impractical or burdensome. 5. Potential Economic or Social Impact: Elaborate on how granting the variance would positively impact the applicant and the community as a whole. Discuss any economic benefits, potential job creation, or enhancement of the neighborhood's character. 6. Public Notice and Neighbors' Input: Explain how the applicant intends to give public notice of the variance application as required by local regulations. Describe any efforts made to involve neighboring property owners in the process, such as holding public hearings or providing opportunities for public comments. 7. Supporting Documentation: Attach relevant supporting documents, such as surveys, architectural plans, photographs, or expert opinions that strengthen the case for granting the variance. Provide evidence showing how the proposed use or alteration aligns with the overall goals and objectives of the municipality's comprehensive plan. 8. Application Fee: Indicate the fee required for processing the variance application, along with instructions on how to make the payment. 9. Acknowledgment and Signature: Include a section where the applicant acknowledges the accuracy of the information provided and signs the application. If applicable, provide space for the applicant's attorney or representative to sign as well. Remember, the content of the application may vary depending on the specific requirements set by the local zoning board. It is crucial to review the municipality's zoning ordinance and consult with professionals, such as attorneys or land-use consultants, to ensure compliance and maximize the chances of obtaining a variance.
