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Zoning is the process of dividing a municipality into separate districts, or zones, upon which differing regulations, typically regarding land use, are applied. The enforcement of these regulations is enabled by the police powers delegated from the state to local government.
A variance is a request for relief from the strict application of zoning regulations to alleviate an unusual hardship to a particular property. For example, a homeowner may request that a room addition be permitted closer to the property line than the Zoning Ordinance would normally allow.
The most common method of voluntary alienation is by deed. A deed is a document used by an owner of real property (the grantor) to transfer all or part of an interest in the property to another party (the grantee). This process of transferring (alienating) real property by deed is called conveyancing.
When a government entity exercises its powers to create zoning ordinances, what must be followed? An area's comprehensive plan outlines its future development plans and goals of the area. Zoning decisions should follow this plan.
It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance. Typically, variances are granted when the property owner can demonstrate that existing zoning regulations present a practical difficulty in making use of the property.
A variance allows you to deviate in some way from he requirements of the Zoning Ordinance. You may request a variance if certain physical conditions of your property (e.g. size, shape, topography, location, or surroundings) make it impossible or unreasonable for you to strictly comply with the Zoning Ordinance.
"Area variance' shall mean 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."
A conditional use permit allows a developer to deviate from the zoning codes set of uses without going through the entire rezoning process. Like a zoning variance, a conditional use permit is considered more administrative and handled by the local board of adjustment.