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Detailed Application to a Zoning Board For Variance From Zoning...

Detailed Application to a Zoning Board For Variance From Zoning Restriction with a Plot Plan Showing Block and Lot Numbers and Existing as well as Proposed Structures

Category:

Government - Zoning

State:

Multi-State

Control #:

US-01277BG

Format:

Instant download

Description

Zoning involves 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

If you receive a notice that a neighbor or some property owner nearby to you proposes to build something that would require a zoning change or variance and you object to the purpose, you have the right to voice your opinion and try to prevent this change.

Present a (real) hardship. Be Respectful. Be Prepared. Create exhibits. Practice your argument. Review with the ZEO.

The entire process typically takes 45 to 50 days to complete. The Planning Commission reserves the right to continue your application should it be deemed necessary. WHAT HAPPENS AFTER MY VARIANCE REQUEST HAS BEEN APPROVED OR DENIED?

Typically, variances are granted when the property owner can demonstrate that existing zoning regulations present a practical difficulty in making use of the property. Each municipality has rules for variance requests.

Unnecessary hardship would result from the strict application of the ordinance. The hardship results from conditions that are peculiar to the property. The hardship is not a self-created hardship.

The standard of approval for a dimensional variance is practical difficulty, which the courts have defined to mean that strict compliance is unnecessarily burdensome and granting the variance would do substantial justice to the owner. The undue hardship standard for a use variance is much more difficult to meet

A complete Variance application submitted to the Planning Division office by the deadline date will be scheduled for the Planning Commission meeting at the end of the following month. The entire process typically takes 45 to 50 days to complete.

- area variance - allows modification of height, location, setback, size, or similar requirements for a use that is permitted in the zone. - use variance - allows a use that would normally be prohibited in the zone.