What kind of property may a zoning variance be granted for?

A zoning variance is a request to change the current zoning use for a particular piece of property to a use intended by the current owner. Each municipality has different rules, regulations and procedures for requesting zoning variances. Generally, the landowner applies for a zoning variance property change by making an application and paying a fee to the local zoning board office. The zoning authority will notify the neighbors and other adjacent property owners and hold a public hearing to determine if the variance should be issued. A zoning variance may be issued for any type of property including residential, commercial, industrial or mixed use if the landowner can demonstrate a compelling reason why the variance request should be granted and would be good for the neighborhood and community. The landowner usually hires a surveyor, architect, engineer and attorney to help present their case at the hearing. If the request is approved, the zoning office will issue the landowner the variance so that they can make the changes they requested to the property. Variances can be for building setbacks, building height requirements, parking or other land use changes.

Zoning variances are complex and require legal and other professional assistance. It is recommended that you hire a zoning and land use real estate attorney to assist you with the zoning request and application. The attorney can conduct due diligence and prepare the zoning application for you as well as review other land use reports and legal documents needed to support the request. The attorney can represent you at the zoning hearing.