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Petition to Board of Zoning Appeals in Support of Application for a...

West Virginia Petition to Board of Zoning Appeals in Support of Application for a Variance

Q: Which of these is a variance that permits the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations?

&quot;Area variance&#039; 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.&quot;

Category:

Government - Zoning

State:

Multi-State

Control #:

US-01290BG

Format:

Instant download

Description

Zoning is a government-imposed restriction 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 petition appealing a decision of a zoning board of a municipality to a higher administrative agency. In this petition, petitioner is asking that he be allowed to use the premises in a way other than for a dwelling.

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How to fill out Petition To Board Of Zoning Appeals In Support Of Application For A Variance?

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FAQ

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.

USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.

Summary of Use Variance Criteria The applicant cannot realize a reasonable return on his/her property - this inability must be substantial as shown by competent financial evidence. The alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood.

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.

?authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to requirements imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with and will not adversely affect the neighborhood if such requirements are met.? Town Law 274-b.

"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."