What is a variance in land?

What is a variance in land?

Essentially, a property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values. If granted, a variance acts as a waiver to some aspect of the zoning law or regulations.

How difficult is it to get a variance?

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 …

What is a variance in real estate?

In real estate, a variance is an exception to the local zoning law. Rather, it acts as a waiver to a zoning regulation, granted on a case-by-case basis for specific requests. Once a zoning variance has been granted, it runs with the land, which means it’s attached to the property rather than its owner.

How do you file a variance?

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.

Does a variance expire?

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.

How long does a variance last?

How do you object to a zoning variance?

A good way to begin the process is to circulate a petition against the zoning variance request around the neighborhood, obtain signatures, addresses and telephone numbers, and send the signed document to the entity hearing the variance request to be placed in the administrative record before the local zoning board or …

How do you get the variance approved?

How long does it take to get a variance approved?

You may not appeal a Planning Commission decision on a variance. How long will it take for approval? If a public hearing is involved, 4 to 6 months. If your request is processed administratively without a public hearing, approximately 3 months.

How long does it take to get a variance?

In most cases, two to three months, depending on the proposed use and the complexity of the project. Some applications will require much more time to process.

Are variances transferable?

A variance runs with the land. Subsequent owners of the land continue to enjoy the variance. The original land owner cannot transfer the variance to another site, nor can the local agency approve a variance on the condition that it remains owned by a particular person.

Where can I get a land use variance?

Most Variances can be granted by either a Planning Board or Zoning Board of Adjustment, except that Use Variances can only be granted by a Zoning Board of Adjustment. Under the Municipal Land Use Law (MLUL), there are certain time frames and requirements which must be followed by both an applicant and the Board.

What does it mean to get a variance in zoning?

A variance is an exception to a zoning restriction that allows the use of the land outside the requirements of the zoning for that area. Variances can be given by a locality for businesses who present valid reasons for the variance and who can show that the variance will not lessen property values or interfere with the use…

How do you get a variance in New Jersey?

All variance applications in New Jersey require a Public Hearing. When an application is deemed complete, a Public Hearing will be scheduled for the next available Board agenda. Generally, Planning and Zoning Boards in New Jersey will meet at least once a month. For all Variances, an applicant must also satisfy Legal Notice requirements.

How do you get a variance for a house?

They must apply to the city to get a variance since the house is zoned residential. They must poll the neighbors and get their permission, then take the permissions to the city zoning board for approval. The process may be different in your city or town.