Understanding a zoning variance starts with getting to know zoning ordinances. These rules define how properties can be used in specific areas. When done right, they help keep residential areas free of industrial activity and outline various land uses for agriculture, commerce, and others. While city councils establish these rules, a zoning variance serves as an exception granted on a case-by-case basis.
**What Is a Zoning Variance?**
A zoning variance is an official exception to local zoning laws. It’s essentially a permit that lets property owners use their land in ways normally not allowed by zoning rules. This can be for making changes to existing buildings, constructing new structures, or using the land for purposes not currently permitted. The aim is to offer flexibility when sticking strictly to zoning laws would cause undue hardship or prevent reasonable use of the property.
**How Does a Zoning Variance Work?**
If property owners want to use their land in ways not allowed by current zoning laws, they must apply for a variance. This involves submitting a detailed application explaining the need for the variance to a local zoning board or similar authority. There are usually two main types: area and use variances. An area variance might involve altering physical requirements like setbacks, while a use variance changes the property’s designated use, such as turning a residential property into a commercial one.
After submission, a public hearing is often scheduled for community feedback. The zoning board then decides based on criteria like whether the current zoning causes undue hardship or if the variance would negatively impact public interest. It’s important to understand that the process and criteria can vary significantly by location.
**The Application Process:**
1. **Submit Application:** The process starts with submitting a variance application to the Planning Department.
2. **Public Notice:** The application is then advertised in newspapers, through land signs, and on websites.
3. **Public Hearing:** A hearing is held where the applicant can present their case to the Planning Commission, which votes on the request.
4. **Final Decision:** The Board of Commissioners makes the final decision on the variance application. If denied, applicants can reapply after six months.
**Types of Zoning Variances:**
1. **Use Variances:** Allow properties to be used in ways not aligned with current zoning, like changing a residential property for commercial use or permitting multiple dwellings where single-family homes are allowed.
2. **Area Variances:** Deal with physical modifications, such as adding a fence or house extension, which would otherwise not comply with zoning dimensions or requirements.
**Comparing Use and Area Variances:**
– **Use Variances**: Allow property use changes beyond existing zoning specifications.
– **Area Variances**: Permit physical alterations within zoning constraints, assuring minimal environmental or neighborhood impact.
**Examples of Zoning Variances:**
In residential zones, examples might include:
– Building taller structures than normally allowed.
– Installing fences.
– Converting single-family homes into multi-family units.
**Business Implications:**
Zoning laws affect brick-and-mortar businesses by controlling where certain types of businesses can operate. Variances impact businesses by:
1. **Potential Restrictions:** Some businesses could be outright banned based on property zoning.
2. **Parking Requirements:** If parking is insufficient, “reasonable use” can be cited for a variance.
3. **Property Modification:** Upgrades boosting property values might need a nonconforming use variance.
4. **Home-based Businesses:** Neighboring property owners’ views may influence zoning board decisions.
5. **Building on Vacant Land:** Extensive time and effort may be required, needing a use variance.
**Navigating the Zoning Variance Process for Small Businesses:**
1. **Understand Local Zoning Laws:** Begin by learning about your local zoning ordinances.
2. **Identify the Needed Variance:** Determine if you need a use or area variance.
3. **Prepare Your Application:** Include detailed project descriptions and necessary documentation.
4. **Community Engagement:** Talk to neighbors and the local community about your plans.
5. **Submit Your Application:** Complete your application and pay any related fees.
6. **Public Hearing:** Present your case at the hearing, highlighting economic benefits and addressing potential challenges.
7. **Final Decision:** The zoning board’s decision will follow the hearing. If denied, understand the reasons and consider an appeal or modifications.
**Addressing Community Concerns:**
1. **Host Information Sessions:** Clarify your project and address any concerns.
2. **Engage Directly with Opponents:** Understand and address their worries.
3. **Leverage Support:** Enlist local businesses and community leaders who support your project.
4. **Emphasize Benefits:** Highlight positive community impacts like job creation.
5. **Offer Compromises:** Modify your plans to balance business needs with community interests.
6. **Professional Representation:** Hire zoning experts if needed to navigate the process.
**Difference Between Variance and Non-conforming Use:**
Nonconforming use denotes a permitted change to existing zoning, continuing its use despite new restrictions. Obtaining a variance means demonstrating hardship, showing that without the variance, the property can’t be reasonably used.
**Home-based Businesses and Zoning Variances:**
Local jurisdiction and business type determine the need for a variance. Generally, if there are no employees or walk-up trade, zoning laws may not apply. However, municipalities may have specific laws regarding signage and the type of merchandise produced, especially for businesses involving hazardous materials.
Understanding local laws and being prepared for regulatory steps can help navigate zoning variance applications, ensuring compliance and successful business operations.
