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Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners

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Description Variance Property

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 of a notice from an applicant who is appealing a decision of a zoning board of a municipality to a higher administrative agency. This form is a generic example that may be referred to when preparing such a form for your particular state. 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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Property Use Zoning Other Form Names

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Zoning Interested Property FAQ

As a generally accepted legal principle, zoning variances run with the land. That means that they're unaffected when you sell your house. However, some variances can be limited for 5 or 10 years, and when they expire, the new owner would have to obtain a new variance.

Present a (real) hardship. Be Respectful. Be Prepared. Create exhibits. Practice your argument. Review with the ZEO.

A complete Variance application submitted to the Planning Division office by the deadline date will be scheduled for the Planning Commission meeting at the end of the following month. The entire process typically takes 45 to 50 days to complete.

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.The zoning examiner may then hold a hearing to determine if the variance should be granted.

Usually, the land owner seeking the variance files a request or written application for a variance and pays a fee. Normally, the requests go first to a zoning board. The zoning board notifies nearby and adjacent property owners. The zoning examiner may then hold a hearing to determine if the variance should be granted.

The standard of approval for a dimensional variance is practical difficulty, which the courts have defined to mean that strict compliance is unnecessarily burdensome and granting the variance would do substantial justice to the owner. The undue hardship standard for a use variance is much more difficult to meet

If you receive a notice that a neighbor or some property owner nearby to you proposes to build something that would require a zoning change or variance and you object to the purpose, you have the right to voice your opinion and try to prevent this change.

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Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners