Most localities will feature zoning restrictions that are in place to prevent different building types and businesses from being located in a specific location. The main purpose of these restrictions is to preserve an existing neighborhood’s look and feel. A zoning variance will come into play if your business type does not meet the specified zoning use for the area.
What Is A Zoning Variance In Real Estate?
A zoning variance will be needed in order to bypass the law in the event your type of business does not meet the specified zoning use. The variances are essentially requests to deviate from an area’s current zoning requirements. For instance, if you wish to open an industrial business in an area designated for retail, you’ll need to request the variance.
Zoning variances are typically given by a locality. However, there are a few scenarios where you may have to appear before the city council or municipal government. If the variance is granted, the business owner will then be permitted to use the land/building outside the zoning ordinance requirements.
How To Get A Zoning Variance
In order to obtain a zoning variance, you’ll have to follow these steps:
- First, figure out your property’s zoning designation.
- Determine which type of zoning variance is needed.
- Use variances and area variances are the two different types of variances.
- Area variances allow for the use of land in a manner that is otherwise not permitted in that area.
- Use variances are needed when a building’s intended use ultimately violates an area’s zoning regulations.
Follow these next steps once you determine the proper variance for your situation:
- Get the property surveyed prior to filing the variance application.
- The property surveyor researches the property and its boundaries in detail.
- This is done to ensure you don’t hit any legal issues in the future.
- Prepare a detailed plan for your project proposal.
- To obtain a variance, you’ll need to present a valid reason for the locality to allow your business to exist as planned.
- At this time, you’ll need to prove the existing zoning restrictions have caused you “unnecessary hardship”.
- You must also show your requested use variance will not alter a neighborhood’s established character.
- Next, you must file a request or written application with the Zoning Board for your variance.
- Nearby property owners must be notified of your requested variance.
- A hearing may be required for approval of the variance.
Source: “What Are Zoning Variances And How Do You Get One?” Iskalo https://iskalo.com/insights/what-are-zoning-variances-and-how-do-you-get-one/
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