Nassau New York Application to a Zoning Board for Variance From Zoning Restriction

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County:
Nassau
Control #:
US-01285BG
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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

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.

What does variance of building mean? A variance is a change from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. A variance is often granted by a Board or Committee of adjustment.

In NYC you can apply to the Board Of Standards And Appeals (BSA) for a zoning variance. The typical protocol is that the applicant file with the Department Of Buildings (DOB) first. The DOB will issue an objection to the proposed zoning.

What is a Variance? Section 120.52, Florida Statutes, defines a variance as a decision by an agency to grant a modification to all or part of the literal requirements of an agency rule to a person who is subject to the rule.

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.

A variance allows a property to be used in a manner forbidden by the zoning ordinance. If the purposes of a zoning ordinance are held in a bucket, and variances (leaks) are granted that compromise ordinance purposes, then over time the purposes of the ordinance are lost.

Essentially, a property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values. If granted, a variance acts as a waiver to some aspect of the zoning law or regulations.

Zoning variance example If you are buying a piece of land in a residential neighborhood and desire to build a pizza parlor that you think will attract customers and make it a more enjoyable place to be, you may request a zoning variance from the local government.

Applications for a variance are considered by the City's Board of Standards & Appeals (BSA). Property owners seeking a variance must demonstrate that there are practical difficulties or unnecessary hardships they face in meeting the zoning regulations.

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More info

Zoning Board of Appeals. Appeal from the Supreme Court, Nassau County (Burke, J.).Application Forms - 2 "Applications to the Board of Zoning Appeals.

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Nassau New York Application to a Zoning Board for Variance From Zoning Restriction