Zoning restrictions are often in place to prevent different business and building types from operating in certain areas. If your business does not meet the zoning regulations of an area, you’ll need to request a zoning variance prior to any new construction.
What Is A Zoning Variance In Real Estate?
A zoning variance is required in order to bypass the law in the event your type of business does not match the specified zoning use. This variance is a request to deviate from the current zoning requirements of an area. For example, you’ll need to request the variance if you wish to build a commercial property in an area designated for residential purposes.
In most cases, a zoning variance is given by a locality. There are a few scenarios, though, where you may have to appear before either the municipal government or city council. Once the variance is granted, a business owner will then be permitted to use the land and/or building type outside the zoning requirements.
When Is A Zoning Variance Needed?
To determine whether or not your project calls for a zoning variance, consider these few factors:
- Pinpoint your property’s zoning designation.
- Determine which type of variance is called for.
- The two kinds of variances are area variances and use variances.
- A use variance is needed when the building’s intended use does not meet the zoning requirements.
- Area variances allow for the use of land in a way that is otherwise not permitted in that area.
How Can You Get A Zoning Variance?
Follow these steps to ultimately obtain a zoning variance:
- Have the property surveyed before filing the application for the variance.
- A property surveyor will extensively research the property and its boundaries.
- Next, prepare a detailed project proposal.
- You must present a valid reason for the locality to allow your business type to operate in order to obtain a variance.
- You must prove the current zoning restrictions have caused you “unnecessary hardship”.
- You must also prove your requested variance will not change the established character of the neighborhood.
- You must then file a request or written application for the variance with the Zoning Board.
- Property owners in that area will be notified of your pending request.
- In some cases, a hearing may be needed prior to approval.
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