How do you find the variance of a property?

File a request or written application for your variance with the Zoning Board, including submission of a filing fee. 3. The Zoning Board will typically notify nearby property owners of the requested variance, and may hold a hearing to determine the viability of your requested variance.

Is it easy to get a variance?

Getting a variance can be a tricky and expensive process, and if you don’t prepare yourself properly, you may be fighting a losing battle. By learning how to obtain a variance for your lot, you improve your chances of navigating the process smoothly, quickly, and at minimal cost.

What is a variance when it comes to property?

Essentially, a property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values. If granted, a variance acts as a waiver to some aspect of the zoning law or regulations.

Do variances usually get approved?

In general, your variance will probably be approved if your property has some unique characteristic”a severe slope or an odd shape, for example”that prevents you from enjoying the same kind of property use that your neighbors have.

Is it difficult to get a zoning variance?

An area variance allows the property owner to construct a building that goes against the physical requirements held within a zoning ordinance. Someone who obtains a use variance could theoretically run a business in a residential area. A use variance is more difficult to obtain than an area variance.

How hard is it to get a variance approved?

The standard of approval for a dimensional variance is “practical difficulty,” which the courts have defined to mean that strict compliance is “unnecessarily burdensome” and granting the variance would “do substantial justice to the owner.” The “undue hardship” standard for a use variance is much more difficult to meet

What is a code variance?

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. A variance may also be known as a standards variance, referring to the development standards contained in code.

How long does it take to get a variance?

A complete Variance application submitted to the Planning Division office by the deadline date will be scheduled for the Planning Commission meeting at the end of the following month. The entire process typically takes 45 to 50 days to complete.

What is a hardship variance?

The hardship (not being allowed to build an addition) flows from the strict application of the ordinance (the setback) and is peculiar to the property (because of the shape of the lot). A variance may be appropriate if the owner presents evidence to show she meets all of the standards.

Which of the following is an example of a variance real estate?

Some examples of use variances include: A request to turn a single-family home into a multifamily property. A request to open up a commercial business in a residential property. A request to put an industrial building in an area zoned for commercial use.

How do you write a letter of variance?

Be polite, direct and specific: “I am writing to seek a fence variance for my single-family home at (provide the address and the town.) Current zoning rules say that fences must be no more than 4 feet tall; I respectfully request to install a fence that is 5 feet tall.”

What’s the difference between a special use permit and a variance?

In contrast, an applicant for a special use permit does not have to show hardship. Instead, the focus is on simply showing that the proposed use meets the conditions already contained in the ordinance, whereas a variance is, in essence, permission to “break the law.”

What is the difference between a variance and a nonconforming use?

So in the simplest terms, a variance is an exception to the existing zoning, whereas a nonconforming use (also known as a grandfather clause) arises when there is a change to the zoning, but an existing use is still permitted to continue.

What is the difference between a special exception and a variance?

A Special Exception is an activity that is allowed by the Ordinance if certain conditions are met and the ZBA approves. A Variance is a situation that is not listed in the Ordinance or perhaps prohibited by the Ordinance that requires ZBA approval.

What is the meaning of variance in accounting?

In budgeting (or management accounting in general), a variance is the difference between a budgeted, planned, or standard cost and the actual amount incurred/sold. Variances can be computed for both costs and revenues.

What does legally non conforming mean?

What is a Legal Nonconforming Use? A “legal nonconforming use” is a use of land or structure which was legally established according to the applicable zoning and building laws of the time, but which does not meet current zoning and building regulations.

What does it mean when a property is grandfathered?

In Real Estate Development the term Grandfathered means that an existing building does not have to comply with a current zoning or building code because it was legally built before the application of such code. Buildings can be Grandfathered by existing before a code was written.

What is a non conforming variance?

Nonconforming use is a type of zoning variance where a parcel of land may be given an exception from current zoning ordinances due to improvements made by a prior owner or before the current zoning ordinances made the desired use non–conforming under local law.

What is an example of non conforming use?

Hotel Example

This resulted in a parking deficiency of 43 spaces. Because the parking lot was not constructed as proposed, the hotel does not enjoy a legal status. In the event of destruction of any kind, the hotel must construct 43 parking spaces on a parcel of land that cannot accommodate additional parking spaces.

What is an illegal non conforming use?

A nonconforming use is generally defined as a land use or structure that was legal when established but does not conform to the standards of the current zoning ordinance. Resumption of a nonconforming use or structure after it has been destroyed may be prohibited in some states.

What are examples of nonconformity?

Nonconformity is defined as a failure to match or act like other people or things, or a conscious refusal to accept generally accepted beliefs. When you dress differently and wear your hair differently than the popular styles because you want to reflect only your own taste, this is an example of nonconformity.

What are non-conforming bedrooms?