A Variance is a request for an exception to current zoning standards set on a particular piece of property. I only use the word exception to demonstrate that a change has occurred to the lands use. For a piece of property to be granted the change of use the owner must first among a few items demonstrate hardship. Hardship can be split into 2 parts based on statutes regarding two types of Variances, the first part as explained in Ch. 674 of State Law as a ‘Use Variance’ and must follow these guidelines: a) The current zoning restriction hinders reasonable use of the property in it’s surrounding environment. b) No ‘fair and substantial relationship’ exists between the property restriction and the intent of the zoning ordinance. c) If the Variance is granted it must not injure the public or private rights of others. The second part of hardship explained as an ‘Area Variance’ must abide by the following guidelines: a) An area Variance is required due to special conditions of the property. b) The benefit sought by owner cannot reasonably be acquired by another method, for example financial hardship. Another condition that must be met to grant the Variance is that the ‘Spirit and Intent’ of the ordinance must not be broken in order to accomplish the Variance. Also, the Variance cannot affect the values of other properties in the area. I’m sure if the Variance makes property value go up no one would object, but maybe they would. That is an interesting point with regards to an argument one could make against the Variance. The statute doesn’t explain the value has to have an adverse affect on other properties, it just states that a change in value must not occur. Moreover, the Variance must benefit the general public not just solely the property owner. This point is also interesting because one must prove the benefit towards others. Furthermore, by not allowing the Variance the owner would suffer an injustice from the zoning board. These are all great things to keep in mind if you are looking for a Variance in your area. In these circumstances a real estate agent is a good resource, but really a lawyer is a better interpretor and executioner of the law. So when applying for a Variance be aware you may need legal council.

Did I leave anything out? Any questions? Post them here and I’ll respond back.