Zoning Variance

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Zoning Variance is a fundamental concept in land use and property law that allows property owners to deviate from the strict regulations outlined in zoning ordinances, regulations, or land use plans. Zoning ordinances are local laws and regulations established by municipal or county governments to control and manage the use of land within their jurisdictions. They are designed to promote orderly and planned development while safeguarding the well-being and interests of the community.

The purpose of zoning ordinances

is to classify land into different zones or districts, each with specific rules and regulations governing land use, building heights, setbacks, lot sizes, and more. These regulations help create and maintain harmonious and functional neighborhoods, preserving property values and ensuring public safety. Zoning ordinances can dictate whether a property can be used for residential, commercial, industrial, or mixed purposes and specify the parameters for constructing and using buildings within each zone.

However, it is essential to recognize

that not all properties or situations fit neatly into the prescribed regulations. Zoning variances are legal mechanisms that allow property owners to seek exemptions or modifications from these regulations when they can demonstrate that strict adherence would cause undue hardship or injustice. Zoning variances serve as a means to balance the property owner’s rights with the community’s interests and regulations, ensuring that individual properties can be used effectively while preserving the broader zoning framework.

To fully understand the legal definition of a zoning variance, it’s necessary to explore

The Zoning Board of Appeals (ZBA)

Zoning variances are typically obtained through a process governed by a local Zoning Board of Appeals or a similar municipal body. The ZBA is responsible for evaluating requests for variances and determining whether to grant them. The ZBA operates within the framework of local ordinances and state or municipal laws and regulations.

Undue Hardship

The central concept behind a zoning variance is the demonstration of undue hardship. This typically refers to the circumstances that make it challenging or even impossible for the property owner to comply with the existing zoning regulations. Undue hardship can arise due to the physical characteristics of the property, such as its size, shape, or topography, which may limit its usability according to the current zoning requirements. It can also encompass economic factors or unique situations that make it unreasonable to adhere to the zoning restrictions.

Standards and Criteria

Zoning ordinances often outline specific standards and criteria that the ZBA must consider when evaluating variance requests. These standards may vary from jurisdiction to jurisdiction but commonly include factors such as the degree of hardship, public welfare, the impact on adjacent properties, and the property’s unique circumstances. The property owner must demonstrate that their request aligns with these standards.

Public Interest

The ZBA must balance the property owner’s interests with the broader public interest and the intent of the zoning ordinance. This means that while a variance may be granted to accommodate a property owner’s needs, it should not undermine the overall zoning plan, disrupt the neighborhood, or negatively impact property values.

Notice and Public Hearing

The process for obtaining a zoning variance often includes the requirement for public notice and a public hearing. This provides neighboring property owners and interested parties with an opportunity to voice their opinions and concerns regarding the requested variance. The input of the public is a crucial element in the ZBA’s decision-making process.

Discretion and Limitations

The granting of zoning variances is not automatic, and it remains at the discretion of the ZBA. In many cases, the ZBA may impose specific conditions on the variance to mitigate potential adverse effects. Variances granted are typically site-specific and may not set a precedent for future similar requests.

Types of Variances

There are generally two main types of zoning variances:

Use Variance

This type of variance permits a property owner to use their land in a manner not otherwise allowed by the zoning ordinance. For example, it may allow a residential property to operate a home-based business in a zone strictly designated for residential use.

Area or Dimensional Variance

This variance grants relief from specific requirements related to the size, shape, or placement of buildings or structures. For instance, it might allow a property owner to build closer to the property line than permitted by the ordinance due to an irregular lot shape.

Appeal Process

In the event that a property owner’s request for a zoning variance is denied by the ZBA, there is usually an appeal process. The property owner may appeal the decision to a higher authority, such as a municipal council or even the courts, depending on the specific legal framework in the jurisdiction.

In summary

is a legal mechanism designed to accommodate property owners facing unique circumstances or hardships that prevent them from complying with existing zoning regulations. It allows a balance between the property owner’s rights and the community’s interests in maintaining a cohesive and orderly development pattern.

The process for obtaining a zoning variance involves demonstrating undue hardship, adhering to specific standards and criteria, and considering the broader public interest. It is typically subject to notice, public hearings, and the discretion of a local Zoning Board of Appeals, which plays a crucial role in determining whether a variance should be granted.

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