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Appeal of Zoning Administrator's Determination to the Board Form
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People also ask
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What does variance mean in zoning?
A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance. It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance.
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What does the zoning board of appeals or in NYC the Board of Standards and Appeals do?
The New York City Board of Standards and Appeals (“BSA” or “Board”) is an independent, expert Board created to decide requests and resolve disputes about zoning and land use issues.
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What is the best argument against zoning variance?
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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Are zoning variances are always granted by local governments?
Flexibility in Zoning Laws While you're free to submit a variance request to your local government, there's no guarantee that it will be approved. The approval process can also take a long time.
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How do I appeal a zoning board decision in Massachusetts?
Under Section 17, only a “person aggrieved” by a decision of a local zoning board has standing to bring a court appeal of that decision. Appeals may be filed in either Superior Court or Land Court within 20 days of the decision being filed with the Town Clerk.
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When a New York zoning board of appeals is asked to grant a variance or a special use permit, what's required?
USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.
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Why would you approve a variance?
Examples of reasons why a property owner or developer may request a variance: To build closer to the property line than the city's zoning ordinance allows due to constraints on the property, such as a steep slope or the presence of a mature tree that cannot be removed.
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What are the key elements of an effective request for variance?
Write neatly and legibly/type your application. State specifically why you need the variance, what your hardship is and why the Ordinance, which caused your denial unfairly affects you. Attach all relevant documents to your application. Avoid, if possible, submitting new documentation to the Board during the Hearing.
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