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People also ask
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Are zoning variances hard to get?
If you are considering a construction project that violates the local jurisdiction's zoning ordinances, then you will need to apply for a variance. Getting a variance can be a tricky and expensive process, and if you don't prepare yourself properly, you may be fighting a losing battle.
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Why would a variance be denied?
For example, a ZBA cannot grant a variance simply because it's a very minor deviation from the regulations, such as a minimal encroachment into a required setback. Variances are not “tools of convenience.” There is a very high threshold to pass in order to be entitled to a variance.
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What are the criteria for use variance in NY?
Summary of Use Variance Criteria The applicant cannot realize a reasonable return on his/her property - this inability must be substantial as shown by competent financial evidence. The alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood.
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What is an example of a variance in zoning?
An area variance allows property owners to make physical changes to a property their zoning requirements would typically restrict. Examples of area variances include: Putting up a new fence where fences aren't customarily permitted. Building a structure closer to a roadway or property line than is permitted.
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What is the area variance in NY State?
As defined by state law, an “area variance” is “the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.”2 In contrast, the more elusive use variance is defined as “[t]he authorization by the ...
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How do you win a variance hearing?
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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What are variance requirements?
A request for a variance is the process by which an applicant can seek a deviation from the zoning and development regulations for a property. When unnecessary hardships or the inability to develop the property occur from a strict interpretation of the zoning code, a property owner may apply for a variance.
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