A zoning variance is a legal exception to the zoning regulations that are in place in a particular area. Zoning regulations are laws that govern how land can be used, and they typically specify things like the types of buildings that can be constructed, the maximum height and density of buildings, and the types of uses that are allowed. Zoning variances are granted when a property owner or developer seeks permission to use their land in a way that is not allowed under the existing zoning regulations.
Zoning variances are typically granted by the local government agency that is responsible for enforcing zoning regulations, such as the planning department or the zoning board. In order to obtain a zoning variance, the property owner or developer must demonstrate that there are unique or special circumstances that justify the exception. For example, they may need to show that the property is too small or too oddly shaped to be used in the way that is allowed by the zoning regulations, or that the proposed use will not have a negative impact on the surrounding area.
Zoning variances can be controversial, as they may allow uses or development that is not in line with the existing zoning plan for an area. As a result, they are typically subject to a public review process and may be appealed by neighbors or other interested parties.
The steps for obtaining a zoning variance will depend on the specific regulations and requirements that are in place in your location, as well as the nature of the variance that you are seeking. However, some common steps that may be involved in the process of obtaining a zoning variance include:
Determine whether you need a variance
The first step in the process is to determine whether you need a variance in order to use your property in the way that you are proposing. This may involve consulting with the local government agency that is responsible for enforcing zoning regulations, or reviewing the zoning code to see what is allowed.
Prepare your application
If you determine that you need a variance, you will need to prepare an application that includes all of the information and documentation that is required by the relevant authorities. This may include things like plans and drawings of the proposed use, a statement of the special circumstances that justify the variance, and any other relevant information.
Submit your application
Once your application is complete, you will need to submit it to the relevant government agency along with any fees that are required.
Attend a public hearing
If your application is accepted, it will typically be reviewed by the local zoning board or other authority, and a public hearing will be scheduled to allow neighbors and other interested parties to provide input. You will need to attend this hearing and present your case for why the variance should be granted.
Wait for a decision
After the public hearing, the zoning board will consider all of the information that has been presented and make a decision on your application. You will be notified of the decision in writing.
Appeal the decision
If your application is denied, you may have the option to appeal the decision to a higher authority, such as a county board of supervisors or a court.
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