Variances

Definition

Variances are exceptions to zoning regulations that allow property owners to use their land in a way that deviates from the current zoning laws. These exceptions can be granted for various reasons, often aimed at accommodating unique circumstances or hardships that a property owner may face. By allowing variances, municipalities aim to balance community planning with the individual needs of property owners, ensuring fair and reasonable use of real estate.

5 Must Know Facts For Your Next Test

1. Variances are typically granted to alleviate hardships faced by property owners due to unique circumstances related to their property.
2. The process of obtaining a variance usually involves applying to a zoning board or planning commission, which reviews the request based on established criteria.
3. Not all requests for variances are approved; they must demonstrate that granting the variance will not negatively impact the surrounding community.
4. There are generally two types of variances: area variances (relating to size, height, or other dimensional restrictions) and use variances (allowing different uses than what is permitted in a zone).
5. Variances are often subject to conditions that ensure they align with the community's overall zoning objectives and do not lead to undesirable effects.

Review Questions

• What criteria must be met for a property owner to successfully obtain a variance?
  • To obtain a variance, a property owner typically must demonstrate that strict compliance with zoning regulations would result in an unnecessary hardship due to unique circumstances related to their land. The applicant must show that the variance will not alter the essential character of the neighborhood and that it will not adversely affect adjacent properties. Additionally, they must prove that the request is consistent with the general purpose of the zoning ordinance.
• Compare and contrast variances with conditional use permits and explain how each serves different purposes within zoning regulations.
  • Variances and conditional use permits both provide flexibility within zoning regulations, but they serve different purposes. A variance allows a property owner to deviate from existing zoning rules due to specific hardships or unique circumstances regarding their property. In contrast, a conditional use permit allows certain uses that are not generally permitted in a zone but may be allowed under specific conditions. While variances focus on individual property characteristics, conditional use permits emphasize broader community compatibility with certain uses.
• Evaluate how the granting of variances can impact local communities and discuss potential consequences of widespread variance approvals.
  • The granting of variances can significantly impact local communities by altering the character of neighborhoods and potentially leading to conflicts among residents regarding land use. If variances are frequently approved without strict criteria, it could result in an inconsistent application of zoning laws, undermining the intentions behind those regulations. Additionally, widespread approvals could encourage developers to seek variances as standard practice rather than adhering to established zoning rules, which might lead to overdevelopment or incompatible land uses in residential areas. This can foster resentment among residents who feel their rights or property values are compromised.

Related terms

Zoning Ordinance: A law that specifies how land in a specific area can be used, including restrictions on the types of buildings that can be constructed.

Conditional Use Permit:

A special permit that allows a property to be used in a way that is not typically permitted within a zoning district, often subject to certain conditions.

Setback Requirements: The minimum distance a building or structure must be set back from property lines, streets, and other features as mandated by local zoning laws.