The majority of localities will have zoning restrictions in place. These are featured in order to prevent different business or building types from existing in specific locations. The main point here is to preserve the established character of a neighborhood. This is where a zoning variance will factor in for future construction projects.
What Is A Zoning Variance In Real Estate?
In order to bypass the law because your desired business type does not meet the specified zoning use, you will need to obtain a zoning variance. The zoning variance is a request to deviate from a certain area’s zoning requirements. For example, if you hope to open an industrial business in a zone designated for retail only, you must request a zoning variance.
In most cases, zoning variances are given by a locality. There are a few scenarios, though, where you may have to appear before the city council or municipal government. Once the variance is granted, you will then be permitted to use the land and/or building outside of the specified requirements.
How To Obtain A Zoning Variance
Follow these steps below to properly obtain a zoning variance:
- The first step is determining your property’s specific zoning designation.
- Next, you must figure out which type of zoning variance you need.
- Area variances and use variances are the two kinds of zoning variances.
- Area variances will allow for the use of land in a manner that is otherwise not allowed in that area.
- When a building’s intended use violates the zoning regulations, you need to obtain a use variance.
Use these tips to determine which variance type is needed:
- You must have the property surveyed before filling out a variance application.
- At this time, the property surveyor will thoroughly research the property and its boundaries.
- This is necessary to ensure you won’t encounter any future legal issues.
- Next, you must put together a detailed plan for your project proposal.
- To get the variance, you must present a valid reason for the locality to allow your business/building type.
- You will also need to show the existing zoning restrictions have result in “unnecessary hardship.”
- You must show that your requested use will not disturb the neighborhood’s established character.
- A request or written application must then be filed with the Zoning Board.
- Nearby property owners must also be notified of your request.
- In some cases, a hearing may be needed for approval.
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