Zoning variance 2025

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Generally, you must show that: (1) there are unique physical circumstances or conditions on the property, which (2) create unnecessary hardship in that they unreasonable inhibit the usefulness of the property, (3) the hardship is not self-inflicted, (4) the grant of the variance will not adversely impact public health,
A variance should be a very difficult thing to get, but a lot of boards dont treat it that way. There is an appeal process for either side, depending which way the vote goes, but it has a very short time frame within which to be exercised and will require a lawsuit in court.
What is a variance in real estate? A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use his land in a way that is ordinarily not permitted by the zoning ordinance. It is not a change in the zoning law, but a waiver from the requirements of the zoning ordinance.
Does a property variance transfer to the next owner? If a variance has been vested, meaning its been acted upon, itll stay with the property to prevent a future charge against the new owner for violating a zoning regulation.
One of the best arguments against zoning variances is self-created hardship. Sometimes a property owner might carelessly or intentionally build an improvement that does not comply with setback or other dimensional requirements.
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