New Mexico Application to a Zoning Board for Variance From Zoning Restriction

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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 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.

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FAQ

In general , a Variance is applied when a specific requirement of the zoning ordinance is impossible to meet due to a unique circumstance, while an Exception is applied when a proposed use aligns with the overall goals and objectives of the zoning ordinance, but is not specifically permitted under the zoning ...

Examples of area variances include: Putting up a new fence where fences aren't usually permitted. Building a structure closer to the roadway or property line than is normally permitted. Building a structure that's larger or higher in square footage than is customarily allowed.

"Area variance' shall mean 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."

A variance is a type of discretionary Planning permit which is typically used to allow minor relaxation by the Director of certain development standards in the Zoning Regulations that would otherwise prevent a property from being used in the same manner as other, similar property, where the intent of these regulations ...

Examples of zoning classifications include industrial, light industrial, commercial, light commercial, agricultural, single-family residential, multiunit residential, and schools.

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.

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.

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New Mexico Application to a Zoning Board for Variance From Zoning Restriction