Navigating the Zoning Variance Process: A Step-by-Step Guide
Navigating the zoning variance process can be a complex and time-consuming task for property owners looking to make changes to their property that do not conform to existing zoning regulations. However, understanding the steps involved and following the proper procedures can help ensure a smooth and successful outcome. In this article, we will provide a step-by-step guide to navigating the zoning variance process, as well as answer some frequently asked questions about variances.
Step 1: Understand the Zoning Regulations
The first step in the zoning variance process is to understand the zoning regulations that apply to your property. Zoning regulations dictate how property can be used and what types of structures can be built on the property. It is important to familiarize yourself with the specific regulations that apply to your property before seeking a variance.
Step 2: Determine if a Variance is Necessary
After familiarizing yourself with the zoning regulations, you will need to determine if a variance is necessary for the changes you wish to make to your property. A variance is typically required when a property owner wants to deviate from the zoning regulations in some way, such as building a structure that exceeds height or setback requirements.
Step 3: Prepare an Application
If you determine that a variance is necessary, the next step is to prepare an application for a variance. The application will need to include details about the changes you wish to make to your property, as well as any supporting documents that may be required by the zoning board.
Step 4: Submit the Application
Once the application is complete, you will need to submit it to the appropriate zoning board or other governing body. The board will review the application and may schedule a public hearing to gather additional information and feedback from the community.
Step 5: Attend the Public Hearing
If a public hearing is scheduled, it is important to attend and present your case to the zoning board. You will have the opportunity to explain why a variance is necessary and address any concerns or objections that may be raised by the board or members of the community.
Step 6: Decision Making
After the public hearing, the zoning board will review the application and any feedback received during the hearing. The board will then make a decision on whether to grant the variance. If the variance is approved, you will be able to move forward with the changes to your property. If the variance is denied, you may have the option to appeal the decision.
Frequently Asked Questions about Variances
Q: What are the different types of variances?
A: There are typically two types of variances – use variances and area variances. Use variances allow property owners to use their property in a way that is not permitted by the zoning regulations, while area variances allow property owners to deviate from specific zoning requirements, such as setback or height restrictions.
Q: How long does the zoning variance process take?
A: The length of the zoning variance process can vary depending on the complexity of the project and the regulations of the governing body. On average, the process can take several months to a year to complete.
Q: What are some common reasons for a variance to be denied?
A: Some common reasons for a variance to be denied include insufficient evidence to demonstrate a hardship, failure to meet the criteria for a variance, or objections raised by neighbors or the community.
Q: Can I apply for a variance if my property is in a historic district?
A: Properties located in historic districts may be subject to additional regulations and requirements for variances. It is important to consult with your local historic preservation commission or governing body before applying for a variance in a historic district.
Q: How can I increase my chances of a variance being approved?
A: To increase your chances of a variance being approved, it is important to thoroughly prepare your application, provide supporting evidence for the variance, and be proactive in addressing any concerns or objections raised during the public hearing.
In conclusion, navigating the zoning variance process can be a challenging task for property owners, but with the right knowledge and preparation, it is possible to successfully obtain a variance for your property. By following the steps outlined in this guide and seeking guidance from local zoning officials, you can navigate the variance process with confidence and achieve your desired outcome.
