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

State:
Multi-State
County:
Orange
Control #:
US-01294BG
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Word; 
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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 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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  • Preview Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners

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FAQ

So in the simplest terms, a variance is an exception to the existing zoning, whereas a nonconforming use (also known as a grandfather clause) arises when there is a change to the zoning, but an existing use is still permitted to continue.

Use Variance is a variance from any standard requirement of the ordinance such as deviation from setbacks, parking, landscaping, density, height or bulk regulations. A nonuse variance requires you to prove practical difficulty.

An Area Variance is one in which the ZBA allows for the use of land in a manner otherwise restricted based on the dimensions or physical requirements of applicable zoning regulations. Examples here may include: Building an extension to a home; Inserting a fence along a property line; and.

Examples of area variances can include: Putting up a fence where fences are not normally allowed, or setting up a larger than average fence. Building a property closer to a roadway than is normally allowed. Building a structure larger or higher than is usually permitted by zoning ordinances.

There are many situations where you might require one of these variances, which include: If you want to make a building on an otherwise vacant piece of land. If you are constructing or altering a building in a manner that would directly change its classification. If you want to change how a current building is being

Usually, the land owner seeking the variance files a request or written application for a variance and pays a fee. Normally, the requests go first to a zoning board. The zoning board notifies nearby and adjacent property owners. The zoning examiner may then hold a hearing to determine if the variance should be granted.

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.

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.

Zoning variances provide property owners with legal permission to use their land and build structures that would otherwise contradict the local zoning laws. Variances do not change the zoning of the property ? it merely allows the landowner to use the land in ways that would not usually be permitted.

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. 3) The applicant must prove that the hardship is not self-created.

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