Homeowners or homebuyers must know the process and steps before applying for a zoning variance.
Zoning regulations are here to maintain order and balance in communities. But still, there are instances where homeowners might need to differ from these regulations to accommodate specific circumstances.
Those who want to apply for a zoning variance or notable exception can provide a solution. Applying for a zoning variance or notable exception requires a thorough process that we will walk you through.
By understanding the requirements, procedures, and considerations involved, you can navigate the process effectively and increase your chances for a successful result.
A zoning variance is a request to differ from particular requirements of the zoning code, such as setbacks or permitted uses. Conflicts are typically sought when strict adherence to the regulations would cause undue hardships or prevent reasonable use of the property.
Simply put, those activities are not permitted in a specific zoning district and fall in a particular case known as a notable exception. Special exceptions are primarily granted based on predetermined criteria outlined in the zoning ordinance.
Homeowners must thoroughly review the local zoning code to understand the requirements, restrictions, and criteria for zoning variances and notable exceptions. Familiarize yourself with the section that addresses the application process, including the required forms and documentation.
Consult with the local zoning department or planning commission to discuss your proposed project or use. Grab every piece of information and follow their guidance on whether a variance or notable exception is essential and what criteria must be met. Their insights can help you understand the viability of your request.
Make a compiled file of all the necessary documents to support your application, such as site plans, architectural drawings, photographs, or any other materials required by the zoning department. It would be best to ensure the documentation was accurate, complete, and aligned with the requirements outlined in the zoning code.
Homeowners need to follow all the guidelines provided by the zoning department to complete their application. Don’t forget to include all the requested information, such as the purpose of the variance or notable exception, the specific code sections you seek relief from, and a detailed explanation of why your request should be granted.
Sometimes, you might be required to notify adjacent property owners about your variance or particular exception application. Follow the notification requirements outlined by the zoning department, which may include sending certified letters or posting signage on the property.
When your application is submitted, it will go through a public hearing process. You heard it right; you must attend the scheduled hearings to present your case and address any questions or concerns raised by the zoning board, planning commissions, or interested parties.
At the time of presenting your case be vocal about the reasons why your variance or notable exception should be granted.
Please shed some light on any unique circumstances, the impact on the property, and how it aligns with the broader goals of the zoning ordinance and community development.
If the zoning board or community members raise concerns or objections, you must prepare yourself. Responding respectfully and providing reasonable solutions can help you in building support for your application.
After hearings, the zoning board or planning commission will decide on your application. If your request is approved, there might be some specific conditions or say stipulations you must adhere to. Understand these conditions and ensure compliance.
For complicated and challenging cases, you must seek an attorney or land use consult with experience in zoning matters. They can offer expert guidance, navigate the application process, and increase your success chances.
Take full benefit of community resources, such as workshops or informational sessions organized by the local government or planning departments. These resources can offer valuable information about the zoning variance and unique exception process.
Review previous cases to understand how similar requests were held to get the complete picture of zoning variance and notable exceptions. This can provide comprehensive guidance on what factors influenced the decisions and help you strengthen your application.
Understand the zoning code and its specific requirements before submitting your application. This knowledge will help you tailor your application to meet the criteria outlined in the code and increase your chances of approval.
When preparing your application, you must be clear with your request for a zoning variance or notable exception because it’s necessary as it should be aligned with the broader goals of the community. Remember to provide a strong justification that demonstrates the benefits of granting your request.
Predict and address any possible concerns or objections arising from granting your request. Evaluate how your proposed variance or a notable exception will impact neighboring properties, traffic, noise levels, or the overall character of the area. Develop different strategies to mitigate these concerns.
Involve the local community and garner support for your application. Attend every neighborhood meeting, communicate with community groups, and discuss your plan with neighbors. Building a positive rapport and addressing your concerns can help generate support from your request.
You might need a variance or special exception if you intend to use your property in a way the existing zoning regulations do not allow. Common examples include establishing a home-based business, constructing a structure that doesn't conform to setback requirements, or altering the use of an existing building.
Due to unique circumstances or hardships, a variance typically involves requesting relief from specific zoning requirements. A special exception, however, permits a use not allowed by the zoning code but meets particular criteria set out in the code.
The application process varies by jurisdiction. Typically, you must apply to your local zoning board or planning commission. This application might require a detailed project description, plans, maps, and fees. It's essential to consult your local zoning office for specific requirements.
The factors considered vary but generally include the following:
1. The impact of the variance or special exception on the surrounding area.
2. Whether the request aligns with the community's zoning goals and comprehensive plan.
3. Whether the hardship claimed for a variance is genuine and substantial.
4. The compatibility of the proposal with the character of the neighborhood.
Yes, neighboring property owners typically can voice their opinions or concerns during public hearings. Their input could influence the decision-making process.
Applying for a zoning variance or notable exception can be a complex process, but with careful planning, research, and a comprehensive application, you can increase your chances of success.
Understand the requirements and criteria outlined in the zoning code, gather all necessary documentation, and present a compelling case during the public hearing(s).
Seek professional assistance when needed, utilize community resources, and learn from past cases to navigate the process effectively. Following these steps, you can address unique circumstances and achieve the necessary approvals to proceed with your project or use.
Subscribe to our monthly newsletter for up-to-date real estate industry trends, news, and insights.
Saved
