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.
Title: New Mexico Application to a Zoning Board for Variance From Zoning Restriction: A Comprehensive Guide Introduction: When it comes to applying for a variance from zoning restrictions in New Mexico, it is important to understand the process and requirements involved. This detailed description aims to provide you with a comprehensive guide on how to submit an application to a zoning board for a variance in New Mexico. We will explore the different types of variances that exist within the state and highlight the key factors to consider while preparing your application. Types of Variances in New Mexico: 1. Use Variance: A use variance refers to a request to deviate from the designated land use restrictions outlined by the local zoning laws. This type of variance is typically sought when a property owner wishes to use their land for a purpose not permitted under the existing zoning regulations. 2. Area or Dimensional Variance: An area or dimensional variance involves seeking permission to exceed the limitations imposed on certain physical aspects of a property, such as height, setback requirements, lot coverage, or floor area ratio (FAR). Property owners may apply for an area variance if they can demonstrate that complying with the restrictions would cause undue hardship. Components of a New Mexico Application to a Zoning Board for Variance: 1. Applicant Information: Include your complete contact details, along with any affiliations or representation, as the applicant. It may also be necessary to mention any legal counsel involved. 2. Property Details: Provide a precise and accurate description of the property subject to the zoning restriction, including the address, legal description, and assessor's parcel number (APN). 3. Description of Zoning Restrictions: Thoroughly outline the existing zoning restrictions that pose a challenge or hardship on your property and explain why they are incompatible with your intended use or development plans. 4. Supporting Documents: Attach all supporting documents that strengthen your case, such as maps, surveys, drawings, photographs, or any other evidence that showcases the proposed variance's feasibility and potential benefits to the community. 5. Statement of Variance Request: Clearly state the specific variance(s) you are seeking, whether it pertains to land use or dimensional limitations. Articulate the specific provisions of the zoning ordinance from which you request to be excused. 6. Statement of Hardship or Reasonable Use: Elaborate on the reasons why strict adherence to the zoning regulations would cause undue hardship to you as the property owner. Provide evidence that alternative uses have been explored and exhausted, and that the requested variance is necessary for the reasonable use of the property. 7. Community Impact Statement: Include a statement highlighting any potential positive impact your proposed variance may have on the surrounding community, such as increased economic activity, job creation, or improved infrastructure. Conclusion: Applying for a variance from zoning restrictions can be a complex process, but with a well-prepared application and a clear understanding of the different types of variances that exist in New Mexico, you have a higher chance of success. By adhering to the guidelines set by the zoning board and presenting a strong case, you can effectively demonstrate the need for a variance to achieve your desired land use or development objectives.
