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

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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

Local zoning regulation allows communities to plan for the use of land transparently, involving residents through public meetings. Zoning regulates the kinds of uses a property may be used for ? typically residential, commercial, industrial, and agricultural uses.

Zoning ordinances detail whether specific geographic zones are acceptable for residential or commercial purposes. Zoning ordinances may also regulate lot size, placement, density, architectural style, and the height of structures.

Planning Board ? Purposes and Duties The Planning Board is responsible for the administration of the Subdivision Control Law pursuant to Massachusetts General Laws Chapter 41 and its Rules and Regulations, to provide ways that are safe and adequate for pedestrian and vehicular access.

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.

Zoning refers to municipal or local laws or regulations that govern how real property can and cannot be used in certain geographic areas. For example, zoning laws can limit commercial or industrial use of land to prevent oil, manufacturing, or other types of businesses from building in residential neighborhoods.

The primary role of a zoning board is to review and decide cases where a relaxation of the ordinance is sought or where there is an alleged error in a zoning decision.

Summary of Use Variance Criteria The applicant cannot realize a reasonable return on his/her property - this inability must be substantial as shown by competent financial evidence. The alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood.

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.

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