Zoning variances

Definition

Zoning variances are special permissions granted by a local government or zoning board that allow a property owner to deviate from the existing zoning regulations for their property. These variances are typically sought when a property owner believes that strict adherence to the zoning laws creates an unnecessary hardship or prevents the reasonable use of their land. Zoning variances play a critical role in balancing individual property rights with community planning and development goals.

5 Must Know Facts For Your Next Test

1. Zoning variances can be granted for reasons such as exceptional topography, the unique characteristics of a property, or when a property's zoning classification is inconsistent with surrounding land uses.
2. The process of obtaining a zoning variance typically requires an application to a zoning board, public hearings, and a demonstration of hardship or practical difficulty.
3. Not all requests for variances are granted; the zoning board evaluates each case on its individual merits and may impose conditions to minimize impacts on neighboring properties.
4. Variances are generally temporary or site-specific, meaning they apply only to the particular property requesting the variance and do not change the underlying zoning ordinance.
5. Community opposition can significantly influence the outcome of variance applications, as local residents may express concerns about potential impacts on property values, aesthetics, or neighborhood character.

Review Questions

• What are the primary criteria that zoning boards consider when evaluating a request for a zoning variance?
  • When evaluating a request for a zoning variance, zoning boards typically consider factors such as whether the property owner faces unnecessary hardship due to unique property characteristics, whether granting the variance would alter the essential character of the neighborhood, and if it would cause any adverse effects on neighboring properties. The boards also assess if the request aligns with community planning goals and whether it serves the public interest while balancing individual rights.
• Compare and contrast zoning variances with conditional use permits in terms of their purpose and application process.
  • Zoning variances and conditional use permits both provide ways for property owners to deviate from standard zoning regulations; however, they serve different purposes. Variances are granted when adherence to zoning laws creates undue hardship for the property owner, allowing for modifications like changes in setback requirements or height restrictions. In contrast, conditional use permits allow uses that are generally not permitted within a specific zone but may be allowed under certain conditions. The application processes also differ; variances require demonstrating hardship, while conditional use permits necessitate proving that the proposed use aligns with the community's welfare.
• Evaluate how zoning variances can impact community development and property values in urban areas.
  • Zoning variances can have significant effects on community development and property values in urban areas. By allowing exceptions to zoning laws, variances can facilitate adaptive reuse of properties, promote diversity in land use, and encourage investment in neighborhoods that might otherwise stagnate. However, they can also lead to conflicts with existing residents who may oppose changes that could alter neighborhood character or lead to overcrowding. As such, while variances can contribute positively to revitalization efforts and economic growth, they must be managed carefully to prevent negative repercussions on community cohesion and overall property values.

Related terms

Zoning Ordinance: A legal document that outlines the specific land use regulations and zoning classifications for properties within a municipality.

Conditional Use Permit: A special permit allowing a property to be used in a manner not normally permitted within its zoning classification, often subject to specific conditions.

Building Code: A set of regulations governing the design, construction, alteration, and maintenance of buildings to ensure public safety and health.