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.
An Oklahoma Application to a Zoning Board for Variance From Zoning Restriction is a request made by property owners or developers seeking permission to deviate from the existing zoning regulations or restrictions imposed by local authorities. This detailed description will outline the essential components of such an application, types of variances that can be requested under Oklahoma law, and relevant keywords that can provide further insight. 1. Introduction: The application begins with a clear and concise introduction, stating the applicant's name, contact information, and the property's address. This section should also include a brief summary outlining the purpose of the request and its alignment with the goals of the zoning regulations. 2. Property Description: A thorough description of the property is essential, identifying its exact location, size, boundaries, and legal description. Any unique characteristics or features that may influence the requested variance should be included, such as irregular shape, topography, or historical significance. 3. Zoning Restrictions: This section highlights the specific zoning restrictions, regulations, or ordinances in place that the applicant seeks to bypass. It should provide a clear explanation of how these regulations hinder the reasonable and beneficial use of the property, and how the desired variance would alleviate the hardship imposed. 4. Purpose of Variance: The applicant should articulate the purpose of the requested variance and address how it aligns with the locality's comprehensive plan. This section must demonstrate how granting the variance will not adversely affect adjacent or nearby properties and how it promotes the public interest. 5. Requested Variance Type: There are generally two types of variances recognized under Oklahoma law: a) Use Variance: This type of variance allows for the utilization of the property in a manner not typically permitted under the zoning regulations. The application should emphasize why the requested use variance will not harm the character of the area or be contrary to the overall goals of the zoning plan. b) Area Variance: An area variance, also known as a dimensional variance, provides flexibility for deviations from specific physical requirements such as setback distances, lot size, height restrictions, or building footprints. The application should clearly state the specific dimensions requiring modification and provide compelling justifications for the requested changes. 6. Supporting Documentation: Applicants should attach supporting documentation to strengthen their case, including site plans, architectural drawings, surveys, photographs, or any other relevant materials. Providing evidence that the variance will not have a negative impact or set an undesirable precedent can greatly assist the application's success. 7. Public Notice and Hearing: Zoning boards require public notice to be given regarding a variance request. Information such as the date, time, and location of the public hearing should be included in the application, allowing interested parties to voice their opinions or concerns. 8. Request for Decision: The final section indicates the applicant's request for a decision. Depending on the jurisdiction, the application may require signatures from adjacent property owners and/or notarization. Relevant keywords: Oklahoma zoning board, variance application, zoning restrictions, zoning regulations, use variance, area variance, comprehensive plan, zoning ordinance, setback requirements, dimensional variance, public notice, public hearing, property description, hardship, zoning plan.
