North Carolina 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

Area variances allow property owners to build or construct something typically prohibited by physical zoning requirements. Use variances allow property owners to utilize or operate their property in a way that zoning requirements traditionally forbid.

A variance in real estate is an exception to a zoning law. Although a property owner may seek a variance for numerous reasons, area and use variances are generally considered the most common. Area variances allow property owners to build or construct something typically prohibited by physical zoning requirements.

More specifically, per North Carolina statute, zoning variances are granted when the following conditions are met: Unnecessary hardship would result from the strict application of the ordinance. ... The hardship results from conditions that are peculiar to the property, such as location, size, or topography.

What is a Variance? A variance is a request for relief from the strict application of zoning regulations to alleviate an unusual hardship to a particular property. For example, a homeowner may request that a room addition be permitted closer to the property line than the Zoning Ordinance would normally allow.

A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance. It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance.

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.

A variance allows you to deviate in some way from he requirements of the Zoning Ordinance. You may request a variance if certain physical conditions of your property (e.g. size, shape, topography, location, or surroundings) make it impossible or unreasonable for you to strictly comply with the Zoning Ordinance.

The variance is a measure of variability. It is calculated by taking the average of squared deviations from the mean. Variance tells you the degree of spread in your data set. The more spread the data, the larger the variance is in relation to the mean.

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