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.
North Carolina Application to a Zoning Board for Variance From Zoning Restriction A variance from zoning restrictions is a request made by property owners to the Zoning Board in North Carolina, seeking permission to deviate from the existing zoning regulations imposed on their land. This allows them to use their property in a manner that may not conform to the established zoning restrictions. Here, we will delve into the various types of North Carolina applications to a Zoning Board for a variance from zoning restriction: 1. Use Variance: A use variance is a request to use the property for a purpose that is not typically allowed within the specified zoning district. For instance, if a property owner wants to open a commercial establishment in a presidentially zoned area, they would require a use variance to operate legally. 2. Area Variance: An area variance is sought when the property owner wishes to deviate from the specific dimensional requirements, such as setbacks, height limitations, lot coverage, or any other specifications established by the zoning regulations. These variances are typically granted when strict adherence to the regulations would cause undue hardship or if it is determined that the variance would not adversely affect the surrounding properties or neighborhood. 3. Special Exception Variance: Unlike a use variance, a special exception variance permits the property owner to undertake specific uses that are not typically allowed within a zoning district. However, these uses are considered appropriate under special circumstances, subject to certain conditions or limitations prescribed by the Zoning Board. 4. Non-Conforming Use Variance: A non-conforming use variance is sought when a property owner wishes to continue using a property for a purpose that was legally established before the enactment of new zoning regulations that now prohibit such use. These variances protect property owners from being forced to discontinue their existing lawful activities due to subsequent zoning changes. When applying for a variance from zoning restrictions in North Carolina, it is crucial to understand the application process. The applicant must complete a detailed application form provided by the local Zoning Board, which typically requires information about the property, reasons for seeking the variance, and how it aligns with the broader public interest. Additionally, supporting documentation, such as surveys, architectural plans, and written justifications, must be submitted alongside the application. It is highly recommended consulting with an experienced land-use attorney familiar with the North Carolina zoning laws to ensure a comprehensive and successful application. In conclusion, the North Carolina Application to a Zoning Board for Variance From Zoning Restriction encompasses various types, including use variances, area variances, special exception variances, and non-conforming use variances. Each type serves a specific purpose and requires a thorough understanding of the zoning regulations in order to effectively navigate through the application process. Property owners should seek professional guidance to ensure accurate completion of the application and increase the chances of obtaining the desired variance.
