Zoning Variance

Definition

A zoning variance is a legal exception to the zoning regulations established by local governments, allowing a property owner to deviate from specific land use restrictions. This tool provides flexibility in land use and can enable property owners to use their land in ways that would otherwise be prohibited by existing zoning laws. Variances are typically granted for reasons of practicality or necessity, ensuring that unique circumstances or hardships do not unfairly restrict the use of property.

5 Must Know Facts For Your Next Test

1. Zoning variances are typically granted by a local zoning board or commission after a public hearing, where community members can express their opinions.
2. There are two main types of variances: area variances, which allow for modifications of dimensional requirements (like setbacks), and use variances, which permit a different type of use than what is allowed in that zoning district.
3. To obtain a zoning variance, the applicant must usually demonstrate that they face a unique hardship or practical difficulty that justifies the request.
4. Variances are intended to be exceptions and not the rule; frequent granting of variances can undermine the integrity of zoning regulations.
5. The process for applying for a variance often involves submitting detailed plans and documentation that support the need for the variance and how it aligns with community goals.

Review Questions

• What are the criteria typically considered when a zoning board evaluates an application for a zoning variance?
  • When evaluating a zoning variance application, boards generally consider factors such as whether the property owner faces unique hardships, whether the variance will alter the character of the neighborhood, and if the request meets the intent of zoning regulations. The applicant must show that without the variance, they would suffer practical difficulties that are not self-imposed. This evaluation ensures that any granted variance remains reasonable and justifiable within the context of local planning goals.
• Discuss how zoning variances can impact community planning and development.
  • Zoning variances can significantly influence community planning and development by providing flexibility in land use, which can accommodate diverse needs and encourage economic growth. However, if too many variances are granted, they can lead to inconsistencies in development patterns and potentially undermine the goals of zoning laws. Communities must balance individual property rights with overarching planning objectives to maintain order and coherence in urban development.
• Evaluate the implications of granting excessive zoning variances on local governance and community cohesion.
  • Granting excessive zoning variances can destabilize local governance by eroding established zoning laws that serve as frameworks for community development. This could lead to increased conflicts between residents as incompatible uses emerge within neighborhoods, impacting property values and overall quality of life. Additionally, it may cause frustration among those who adhere to zoning regulations, undermining trust in local authorities. Ultimately, responsible management of variances is crucial for maintaining community cohesion and ensuring sustainable growth.

Related terms

Zoning Ordinance: A law enacted by a local government that defines how property in specific geographic zones can be used.

Conditional Use Permit:

A special permit granted for a specific land use that is not generally allowed in the zoning district but may be permitted under certain conditions.

Spot Zoning: The practice of singling out a small area of land for different zoning regulations than those applied to surrounding properties.