Zoning laws serve as a tool for municipal governments to regulate land use, ensuring that developments align with comprehensive plans for community welfare. However, these regulations can occasionally conflict with a landowner’s intended use. A zoning variance offers a potential solution by allowing an exception to zoning ordinances under specific circumstances. This article explores zoning variances, their legal foundations, procedural steps, and their implications for property rights, highlighting how Abstract Authority can provide critical support in this nuanced process.
What Is a Zoning Variance?
A zoning variance is a formal waiver from a zoning ordinance granted by a municipality’s zoning board or other designated authority. Variances enable landowners to use their property in a manner otherwise prohibited by the zoning code. They are not changes to the zoning law but rather exceptions granted on a case-by-case basis.
A zoning variance is a formal waiver from a zoning ordinance granted by a municipality’s zoning board or other designated authority. Variances enable landowners to use their property in a manner otherwise prohibited by the zoning code. They are not changes to the zoning law but rather exceptions granted on a case-by-case basis.
There are typically two types of variances:
- Use Variance – Permits a use that is not allowed in the zoning district (e.g., a commercial use in a residential zone).
- Area (or Dimensional) Variance – Grants relief from dimensional or physical requirements such as setbacks, height, or lot size.
Legal Framework and Eligibility
Local governments derive their zoning authority from the state's police powers to protect public health, safety, morals, and general welfare. Zoning variances function as a safety valve to prevent the rigid application of zoning laws from causing undue hardship. Key eligibility criteria for a variance generally include:
Local governments derive their zoning authority from the state's police powers to protect public health, safety, morals, and general welfare. Zoning variances function as a safety valve to prevent the rigid application of zoning laws from causing undue hardship. Key eligibility criteria for a variance generally include:
The property has unique conditions or constraints not applicable to other properties in the same zoning district.
- Strict enforcement of the zoning ordinance would cause undue hardship.
- The variance will not negatively impact the public interest or alter the essential character of the neighborhood.
- Courts and zoning boards often examine whether the hardship is self-imposed, as this can disqualify an application.
General Procedure for Obtaining a Zoning Variance (depending on County, City)
- Application Submission – The property owner or their representative files a detailed application to the zoning board of appeals.
- Public Hearing – A public notice is issued, and a hearing is held to allow community input.
- Deliberation and Decision – The zoning board evaluates the application against legal standards and makes a ruling.
- Recording and Compliance – If approved, the variance is often recorded and becomes a part of the property’s zoning record.
Zoning variances can carry legal and practical risks, including:
- Increased scrutiny and potential litigation from neighboring property owners.
- Conditional approvals that impose specific limitations or requirements.
- Marketability concerns, as future buyers may be affected by or misunderstand the scope of a variance.