what is the role of a lawyer in a zoning variance

Objectors who are represented by a qualified attorney are able to make stronger arguments against the variance applications and allow the Board to hear both sides of the argument, not just the one coming from the person applying for the variance. How to Oppose a Variance Application Before a Zoning Board of Adjustment or Planning Board

Full Answer

When to apply for a zoning variance for a property?

Jun 03, 2016 · Whether the case involves an area variance or a use variance, here is how hiring a lawyer can help: A careful and detailed review of all supporting documents The local zoning board is the administrative body that holds the discretion when it comes to granting variances.

What is a zone variance?

Applying for a Variance. Since zoning laws vary from state to state, and even among municipalities, the procedures for applying for a variance differ depending on jurisdiction. Gated communities and homeowner’s associations may also have additional ordinances that need to be considered.. The procedures for obtaining a variance may include obtaining permission from …

How can a real estate attorney help with zoning laws?

Apr 20, 2019 · What is a Zoning Variance? If a person goes to get a permit and is denied one, there are steps to take to appeal the decision. And the great news is that there are excellent lawyers here at Pritzker Law Group that can assist with that, and offer their knowledge in that area. An appeal for an exception made to a zoning board’s denial is called ...

What is a variance in real estate?

Zoning Variances Are Rare. The strength of a zoning plan comes in its reliability to stay the same but the process of issuing a variance recognizes that there are instances where strict compliance with a zoning law might create an unfair hardship on the property owner.

How do you justify the approval of a variance?

In general, your variance will probably be approved if your property has some unique characteristic"a severe slope or an odd shape, for example"that prevents you from enjoying the same kind of property use that your neighbors have.

What is an example of a zoning variance?

Zoning variance example If you are buying a piece of land in a residential neighborhood and desire to build a pizza parlor that you think will attract customers and make it a more enjoyable place to be, you may request a zoning variance from the local government.

How long is a variance good for in Massachusetts?

Variances must be exercised within one year from the date they are granted. The local zoning board may grant an extension for up to six months, as long as the extension is filed before the expiration of the one-year period. A property owner can appeal if a variance request is denied or challenged.

What are some reasons you might need a variance?

There are many situations where you might require one of these variances, which include:If you want to make a building on an otherwise vacant piece of land.If you are constructing or altering a building in a manner that would directly change its classification.If you want to change how a current building is being used.More items...•Aug 31, 2020

Which of the following is the best description of a zoning variance?

Which of the following is the best description of a zoning variance? Answer - B: Permission from zoning authorities to use or build on property in a way that is not authorized by current zoning laws. Explanation: A zoning variance is also called a zoning exception.

How do you ask for variance?

Usually, the land owner seeking the variance files a request or written application for a variance and pays a fee. Normally, the requests go first to a zoning board. The zoning board notifies nearby and adjacent property owners. The zoning examiner may then hold a hearing to determine if the variance should be granted.Sep 6, 2018

What is variance certificate?

Variance Certificate means a certification letter signed and sealed by the Professional Engineer or Ontario Land Surveyor certifying that the alteration(s) do not change the overall intent of the Grading and Drainage of the land and will not result in any negative impacts to connecting or abutting properties or ...

What is a variance form?

A variance is a form of relief that is granted when the application of the zoning regulations results in “peculiar or unusual practical difficulties” to a property owner.

How long is a special permit good for in Massachusetts?

The Special Permit lapses if it is not exercised within one year of the date on which the decision is filed with The Town Clerk. Major amendments to the plans submitted in the original review process require an additional review and approval by the ZBA and/or Planning Board.

What is an example of a variance in real estate?

An Area Variance is one in which the ZBA allows for the use of land in a manner otherwise restricted based on the dimensions or physical requirements of applicable zoning regulations. Examples here may include: Building an extension to a home; Inserting a fence along a property line; and.

What does variance mean in real estate?

Essentially, a property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values. If granted, a variance acts as a waiver to some aspect of the zoning law or regulations.Jul 27, 2020

What is the difference between a variance and a nonconforming use?

A variance is an exception to the existing zoning, whereas a nonconforming use (also known as a grandfather clause) arises when there is a change to the zoning but an existing use is still permitted to continue.Jun 15, 2021

Zoning Variance Process

A zoning variance can be granted in any kind of zoned property but must be applied for and approved by the city. Every city has a unique application process and sometimes involves a petition and presentation to the city planning committee or to the city council.

Zoning Variances Are Rare

The strength of a zoning plan comes in its reliability to stay the same but the process of issuing a variance recognizes that there are instances where strict compliance with a zoning law might create an unfair hardship on the property owner.

Getting Legal Help

A real estate attorney can help a property owner prepare all the necessary paperwork and can even assist in presentations or hearings held before the city planning commission or the city council.

Seeking a Variance

There are a number of important considerations for any person or business seeking a zoning variance. While this may seem obvious to some, the threshold issue of ownership of the subject property must first be satisfied.

A Word About Objectors

Neighbors whose homes or businesses are in the immediate vicinity of the subject property will receive notice that a variance has been requested, and that a hearing has been scheduled before the zoning hearing board. If you receive such a notice, you should carefully review the proposed change in use, or the developmental variance requested.

What is variance in zoning?

To put it simply, a variance is a request to deviate from the typical development standards associated with the current zoning requirements of a zoning district. If a variance is granted it allows a property owner to utilize the property in a manner that would not be permitted per the zoning ordinance if a variance was not ...

What is density in zoning?

Density is synonymous with dwelling units per acre; thus, is a development standard that is associated with residential projects/subdivisions. The dwelling units per acre is an estimation of how many residential houses will be permitted in each acre. Each residential zone district will have varying degrees on how many residences will be allowed per acre. For instance in the R1-6 zoning district 10 through 14 dwelling units may be allowed in one acre but in a more rural zone district like RR-45 (Rural Residential, 45,000 square foot lot) 1-3 residences will be allowed in an acre. To know what density your zoning district permits contact your local planning department or read your local zoning ordinance.

What is a setback for a rear yard?

Thus, the rear yard setback will be the minimum distance between the edge of your rear property line and where the primary residence/structure is or will be built. Please note that for some jurisdictions, if an access easement, street right-of-way line, or alley extends into or through a rear yard, the measurement shall be taken from the nearest point or centerline of the access easement right-of-way line; or alley. To know for sure you will need to contact your local planning department or read the definition section of the zoning ordinance.

What is lot coverage?

Lot Coverage is the size of the footprint (s) of a building (s) and/or structure (s) on a lot divided by the size of the parcel, expressed as a decimal number or percentage. The lot coverage is used in calculating the intensity of use of a parcel for a development project. For example a property that is zoned R1-6 (Urban Residential, 6,000 square foot lot) may have a lot coverage of 40%. Therefore, that means that 40 percent of the lot can be built on. That generally will include anything under a roof. So the primary residence or structure, accessory dwelling units, accessory detached structures which can include ramadas, covered canopies, and gazebos. To get specifics on this contact your local planning department.

How to find property lines?

Please note that the only true way to find your property’s property lines are to hire a land surveyor. A land surveyor will be able to survey your property to determine the exact locations of your front, side, street side, and rear property lines so you can measure your setbacks properly.

Where is the front yard setback?

Front Yard Setback. The front yard setback will be located in the front yard of your property and a good indication of the front yard is generally determined by two things: (1) the orientation of the front of your house and (2) the front of your house will be fronted by a street.

What is side yard?

The side yard is the area between the primary residence or structure and the side lot line. It will extend from the front yard to the rear yard. Thus, the side yard setback will be the minimum distance between the edge of your side yard property line and where the primary residence/structure is or will be built.

What is zoning variance?

According to sound theory, zoning variances should be granted only when a property owner would have a unique and unusual hardship, created by the physical characteristics of the land , if the ordinance is strictly and literally applied in their case.

What is the USEFUL COMMUNITY PLUS?

Subscribe to our monthly e-mail newsletter, called USEFUL COMMUNITY PLUS, which provides you with short features or tips about timely topics for neighborhoods, towns and cities, community organizations, rural environments, and our international friends. Unsubscribe any time. Give it a try.

Is zoning variance justified?

In short, there are justified variances, which provide land owners with flexibility where the zoning ordinance has not anticipated every variation in the physical characteristics of land or the actual method of conducting business in the community. Many others are unjustified.