Variance

Definition

Variance is a legal exception that allows a property owner to deviate from strict zoning regulations due to unique circumstances related to their land. This often occurs when the strict application of zoning laws creates an unnecessary hardship, making it difficult or impossible for the property owner to use their land as intended. Variances are important in balancing individual property rights with community planning and can address issues such as unusual lot shapes or environmental constraints.

5 Must Know Facts For Your Next Test

1. Variances can be granted for dimensional issues like setbacks, height restrictions, or lot coverage that differ from zoning requirements.
2. Obtaining a variance usually requires an application process that may involve public hearings and approval from a zoning board of appeals.
3. Variances are meant to provide relief to property owners while still upholding the overall intent of zoning laws and community standards.
4. The criteria for granting a variance often includes demonstrating unnecessary hardship, proving that the variance won't negatively impact surrounding properties, and ensuring it aligns with the community's general welfare.
5. Unlike rezoning, which changes the zoning classification of an area, variances apply to individual properties based on their specific situations.

Review Questions

• How does obtaining a variance benefit property owners facing unique circumstances related to their land?
  • Obtaining a variance allows property owners to sidestep some of the strict requirements imposed by local zoning laws when their property presents unique challenges. For instance, if a lot is irregularly shaped or has environmental constraints, the variance enables owners to utilize their property more effectively without being hindered by regulations that don't fit their situation. This creates a balance between maintaining community standards and respecting individual rights.
• What are the key criteria considered when deciding whether to grant a variance in zoning regulations?
  • When deciding on a variance application, several key criteria are assessed. First, applicants must demonstrate an unnecessary hardship due to unique property characteristics that prevent them from adhering to zoning laws. Additionally, it must be shown that granting the variance won't negatively affect neighboring properties or alter the essential character of the area. Finally, the proposed variance should align with the overall goals and welfare of the community.
• Evaluate the impact of variances on urban planning and community development, particularly in densely populated areas.
  • Variances play a crucial role in urban planning and community development, especially in densely populated areas where land use is highly regulated. By allowing exceptions to zoning laws, variances provide flexibility that can accommodate diverse needs and promote optimal land use. However, this flexibility must be managed carefully to avoid undermining the overall planning objectives. The challenge lies in ensuring that variances serve legitimate needs without disrupting the balance between development and community interests, thus maintaining harmony within urban environments.

Related terms

Zoning Ordinance: A law enacted by local government that defines how property in specific geographic zones can be used.

Special Use Permit: A permit granted for a use that is not typically allowed under zoning regulations, often requiring a public hearing and review.

Nonconforming Use: A use of land that was legally established but does not conform to current zoning regulations.