How To Get A Variance

Navigating the Variance Maze: A Comprehensive Guide to Obtaining a Variance

Obtaining a variance can feel like navigating a complex maze, filled with legal jargon and bureaucratic processes. This comprehensive guide aims to demystify the process, providing a clear understanding of what a variance is, when you need one, and how to successfully obtain it. We'll cover everything from understanding zoning regulations to preparing a compelling application, ensuring you're well-equipped to navigate this crucial step in your project.

What is a Variance?

A variance is an exception granted by a local government, typically a zoning board or planning commission, allowing a property owner to deviate from existing zoning regulations. These regulations, designed to maintain order and consistency within a community, often dictate aspects like building height, setbacks (distance from property lines), lot size, and permitted land uses. A variance is necessary when strict adherence to these regulations would create undue hardship or practical difficulty for the property owner. It's important to remember that a variance doesn't change the zoning regulations themselves; it simply allows for a specific exception in a particular case. Think of it as a carefully considered exemption, not a rewrite of the rules.

When Do You Need a Variance?

Understanding when a variance is necessary is crucial. You might need one if your property has unique characteristics that prevent compliance with existing zoning codes. Common situations requiring a variance include:

Unusual Lot Shape or Size: If your lot is oddly shaped or smaller than the minimum size required for permitted building, a variance may be needed to allow for construction. This is particularly relevant in older neighborhoods with irregular lot sizes.
Pre-Existing Non-Conforming Use: If you're planning to modify an existing structure or use that predates current zoning regulations (a non-conforming use), you might require a variance to proceed with changes.
Topographical Challenges: Steep slopes, wetlands, or other difficult terrain can make it impossible to comply with standard setback or building placement requirements, necessitating a variance.
Hardship Due to Unique Circumstances: This is a broad category encompassing situations where strict adherence to regulations would impose significant financial or practical hardship, disproportionate to the impact on the surrounding community. This could involve situations where the property has limited usability without a variance.
Building Height Restrictions: If you wish to build a structure taller than allowed by the local zoning regulations, a variance would be necessary.

The Variance Application Process: A Step-by-Step Guide

The application process for a variance varies slightly depending on your location. However, the general steps remain consistent across most jurisdictions:

1. Research and Preparation:

Understand Your Local Zoning Ordinances: This is the most critical initial step. Thoroughly review your local zoning ordinances to understand the specific regulations applicable to your property. Identify the exact regulations you're seeking a variance from.
Conduct a Site Analysis: Carefully assess your property's unique characteristics and how they conflict with the zoning regulations. Document everything with photographs, surveys, and any relevant engineering reports.
Gather Supporting Documentation: Compile all necessary documents, including your property deed, survey, site plans, photographs, and any relevant engineering or appraisal reports. The stronger your documentation, the stronger your application.

2. Preparing Your Variance Application:

Complete the Application Form: Your local planning or zoning department will provide the necessary application forms. Complete these accurately and thoroughly. Any omissions or inaccuracies can delay or jeopardize your application.
Craft a Compelling Narrative: Clearly and concisely explain the reasons why you need a variance. Focus on the hardship or practical difficulty you would face if you were to comply strictly with the regulations. Highlight how your proposed use or structure will not negatively impact the surrounding neighborhood. Use strong and factual arguments.
Include Supporting Evidence: Present the supporting documentation you gathered during the preparation phase. Ensure that all evidence directly supports your claims and demonstrates the hardship or difficulty you're facing. Use visual aids such as maps and photographs to aid your case.

3. Submission and Review:

Submit Your Application: Submit your completed application and all supporting documents to the appropriate local authority, often the zoning board or planning commission. Keep copies of everything for your records.
Attend the Hearing: Once your application is reviewed, you'll likely be required to attend a public hearing. Be prepared to present your case to the board, answer questions, and address any concerns they may raise. Practice your presentation beforehand to ensure you are confident and articulate. Bring any additional evidence you think may be helpful.
Negotiation and Compromise: Be prepared for the possibility of negotiation. The board may suggest modifications to your plans to address their concerns. Be flexible and willing to compromise where possible to ensure a favorable outcome.

4. Decision and Appeal:

The Board's Decision: The zoning board will review your application and supporting documentation. They will then issue a decision, either granting or denying your request.
Appealing a Decision: If your application is denied, you have the right to appeal the decision. The appeal process varies depending on your jurisdiction; however, usually involves a higher level of review.

Understanding the "Undue Hardship" Standard

The key to a successful variance application lies in demonstrating "undue hardship." This is a legal standard that requires you to show that strict adherence to the zoning regulations would impose a significant burden on you that's not shared by other property owners in similar circumstances. Simply experiencing inconvenience isn't enough. Your argument needs to demonstrate that:

The hardship is unique to your property: The problem is specific to your lot, not a general issue faced by others.
The hardship is substantial: The burden is significant and goes beyond minor inconvenience.
The hardship is not self-imposed: You didn't create the hardship yourself (e.g., by purchasing a property knowing it violated zoning regulations).
The variance is the only reasonable solution: There's no other feasible way to use the property without the variance.

Common Mistakes to Avoid

Many variance applications fail due to avoidable errors. To increase your chances of success:

Insufficient Documentation: Failing to provide enough supporting evidence weakens your case. Thorough documentation is crucial.
Poorly Written Application: A poorly written, unclear, or disorganized application makes it difficult for the board to understand your request. Clarity and precision are essential.
Lack of Preparation for the Hearing: Arriving unprepared to answer questions or address concerns can undermine your credibility. Practice your presentation and anticipate potential questions.
Ignoring the Board's Concerns: Refusing to consider the board's concerns or suggestions decreases the likelihood of approval. Be open to negotiation and compromise.
Unrealistic Expectations: Expecting a variance to be granted simply because you want it is a mistake. Focus on demonstrating the necessity and reasonableness of your request.

Frequently Asked Questions (FAQ)

Q: How long does the variance process take?

A: The timeframe varies significantly depending on the complexity of the application, the workload of the zoning board, and the specific jurisdiction. It can range from a few weeks to several months.

Q: How much does it cost to apply for a variance?

A: Application fees vary depending on the location and the complexity of the request. Expect to pay a filing fee, potentially additional fees for professional services like surveying or engineering reports.

Q: Can I represent myself or do I need a lawyer?

A: While you can represent yourself, it's often beneficial to consult with an attorney or land use consultant, particularly if the application is complex or involves significant financial implications. Legal professionals have expertise in navigating the intricacies of zoning law and can increase your chances of success.

Q: What happens if my variance application is denied?

A: If your application is denied, you typically have the right to appeal the decision to a higher authority, often a court. The specifics of the appeal process depend on your jurisdiction.

Conclusion: Planning for Success

Obtaining a variance can be a challenging but achievable process. By thoroughly understanding the requirements, preparing a strong application, and presenting a compelling case, you significantly increase your chances of success. Remember that patience, thorough preparation, and clear communication are key ingredients in navigating the variance maze and achieving your project goals. This detailed guide provides a solid foundation, but remember to always consult with local authorities and potentially legal professionals for the most accurate and up-to-date information specific to your situation and jurisdiction. Good luck!