Puerto Rico Petition to Board of Zoning Appeals in Support of Application for a Variance

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Multi-State
Control #:
US-01290BG
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Word; 
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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

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.

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.

"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."

?When there are unusual conditions or an alternative design, the owner has the option of submitting a Petition for Variance to propose an alternate method of achieving the code intent. Anything in an administrative code can be petitioned, except for those items that are part of a state statute.

An area variance allows property owners to make a physical change to the property that would typically go against the zoning requirements. Examples of area variances include: Putting up a new fence where fences aren't usually permitted.

Variance Notice means a separate written statement provided by Licensee to Licensor concurrently with Licensee's submittals to Licensor pursuant to Article 2 and Article 3, which statement shall detail all variances from the Plans or Design Standards contained in the relevant submittal.

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.

1) An officially granted exception to a zoning ordinance. Such exceptions may be granted on a case-by-case basis for some persuasive reason shown. 2) A difference between two statements or other pieces of evidence that usually would be expected to indicate the same thing.

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Puerto Rico Petition to Board of Zoning Appeals in Support of Application for a Variance