What is a variance when building a home?
What is a variance when building a home?
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. Instead, it is a specific waiver of requirements of the zoning ordinance.
What is a variance from the city?
A variance is a deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the municipality.
Does a variance expire?
As a generally accepted legal principle, zoning variances run with the land. That means that they’re unaffected when you sell your house. However, some variances can be limited for 5 or 10 years, and when they expire, the new owner would have to obtain a new variance.
What is use variance in real estate?
As you might be able to guess from the name, a use variance refers to a request to change the way in which the land is to be used, according to the existing zoning requirements. While homeowners are more likely to request area variances, investors are most likely to use this type of variance.
How do you contest a variance?
A good way to begin the process is to circulate a petition against the zoning variance request around the neighborhood, obtain signatures, addresses and telephone numbers, and send the signed document to the entity hearing the variance request to be placed in the administrative record before the local zoning board or …
What is a a variance in zoning?
A variance is a deviation from the use or dimensional requirements of the zoning ordinance and, importantly, there is no right to a variance. For example, you would seek a use variance if you seek to operate a commercial use in a zoning district in which that use is not permitted by the zoning ordinance.
What is a hardship for a zoning variance?
The term “hardship” is a “huge” legal term in zoning law, especially when seeking what is known as a “C” variance. A “C” variance requires you will suffer a “hardship” if you are not granted the variance. This hardship must result because of the unique physical or topographic features of the property.
How do I get a variance to open a business?
In this case, you may need to go to the local planning or zoning board and request a variance (exception) to the current zoning type before you open your business. A variance is an exception to a zoning restriction that allows the use of the land outside the requirements of the zoning for that area.
When is a dimensional variance required on a property?
A dimensional variance is required when the physical dimensions of a lot or structure do not satisfy the bulk/area requirements of the zoning ordinance.
