A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use his land in a way that is ordinarily not permitted by the zoning ordinance. Variances do not change active zoning laws, but rather waive a certain requirement of the zoning ordinance.
Examples where a variance might apply include building a gazebo in residential back yard, adding a second story in a one-story zone, or requesting that the board of adjustment slightly reduce the setback requirements in order to fit a building on an odd-shaped lot.
If you want to apply for a variance to change the permitted use of your land, some of the things you might have to prove are:
If you need a variance for your property and do not want to risk getting turned down, you will likely need the assistance of a real estate attorney familiar with local zoning laws and practices. It may also be necessary to obtain an architect or other expert to assist the attorney - something that your attorney can help you with.
Last Modified: 07-04-2018 01:15 AM PDTLaw Library Disclaimer
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