North Dakota Application to a Zoning Board for Variance From Zoning Restriction

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US-01285BG
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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

A variance is a request to deviate from current Zoning Bylaw requirements. If granted, a variance essentially waives a specific requirement of the Zoning Bylaw. For example, if a property owner wants to locate a structure closer to a lot line than the Zoning Bylaw allows, a variance would be required.

A variance is a request by a property owner to deviate from current zoning laws for any number of reasons. A zoning law, or zoning ordinance, is put in place by a local governing body to dictate how property in a particular area or zone can be utilized.

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.

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 ...

A variance is generally for a dimensional standard (such as setbacks or height limits). A variance allows the landowner to break a dimensional zoning rule that would otherwise apply. Sometimes a landowner seeks a variance to allow a use of their property that is not permissible under 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.

Typically, variances are granted when the property owner can demonstrate that existing zoning regulations present a practical difficulty in making use of the property. Each municipality has rules for variance requests.

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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North Dakota Application to a Zoning Board for Variance From Zoning Restriction