Massachusetts Application to a Zoning Board for Variance From Zoning Restriction

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Description

Zoning is a government-imposed restrictions on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example that may be referred to when preparing such a form for your particular community. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In general , a Variance is applied when a specific requirement of the zoning ordinance is impossible to meet due to a unique circumstance, while an Exception is applied when a proposed use aligns with the overall goals and objectives of the zoning ordinance, but is not specifically permitted under the zoning ...

Obtaining a Variance Under Massachusetts law, a local zoning board can grant a variance only after a public hearing, and only if it finds that: Adherence to the ordinance would be a substantial hardship to the property owner; The request would not pose a substantial detriment to the public; and.

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.

Examples of zoning variances Engaging in construction or some other alteration so that the building or property qualifies for a new zoning classification, like modifying a single-family home to be a duplex. Intent to change the use of an existing property or building, like turning a house into an antiques store.

An area variance allows property owners to make a physical change to the property that would typically go against the zoning requirements. Examples of area variances include: Putting up a new fence where fences aren't usually permitted.

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Massachusetts Application to a Zoning Board for Variance From Zoning Restriction