You may come across the term “variance” when discussing zoning regulations and property modifications in real estate. A variance is a legal exception to a zoning rule or ordinance. While zoning laws are put in place to maintain order and ensure that properties are developed appropriately, there are times when they may not align with a property owner’s goals. In such cases, a variance allows for certain exceptions.
Understanding Zoning Laws and Variances
Zoning laws are regulations set by local governments to dictate how properties in specific areas can be used. These rules typically cover aspects such as building height, property setbacks, land use, and the type of structures allowed. However, life doesn’t always fit neatly into the lines drawn by zoning ordinances. A variance provides property owners with the flexibility to make modifications to their property that would otherwise violate the established zoning laws.
A variance in real estate is granted by a local zoning board or planning commission, which evaluates the property owner’s request and determines if the modification is justified. If granted, the variance allows the property owner to proceed with their project despite the zoning restrictions.
Types of Variances
There are two primary types of variances that property owners may seek: use variances and area variances.
- Use Variance: A use variance allows the property owner to use the land in a way that zoning laws would typically prohibit. For instance, a residential property may request a use variance to open a business on the premises.
- Area Variance: An area variance, on the other hand, pertains to physical aspects of the property, such as its size, shape, or structure. For instance, a homeowner may seek an area variance to construct a structure that exceeds the height restrictions in the zoning code.
Both types of variances serve to provide flexibility in areas where strict adherence to zoning laws may be unreasonable or impractical.
Why Are Variances Needed?
Variances are needed when unique or unusual circumstances arise that zoning laws cannot easily accommodate. For example, a property may have an oddly shaped lot, limiting the owner’s ability to construct a structure that conforms to setback requirements. In other cases, a property may be in an area where zoning laws no longer align with the current needs of the community, such as outdated zoning codes in rapidly developing neighborhoods.
Another common scenario is when property owners wish to make changes that improve their property’s functionality or value but would be otherwise restricted by zoning regulations. A variance gives the flexibility to pursue such improvements, fostering better land use and helping owners achieve their goals.
How Do You Apply for a Variance?
To apply for a variance, a property owner must file a request with their local zoning board or planning commission. This application typically includes a detailed description of the proposed changes, how they will impact the surrounding area, and why the variance is necessary. In certain cases, public hearings may be held to allow neighbors and other community members to voice their opinions on the request.
Approval of a variance is not automatic, and zoning boards apply strict criteria when reviewing applications. The property owner must demonstrate that the variance will not negatively impact the character of the neighborhood or violate the intent of the zoning laws. If the zoning board approves the variance, it is usually granted with conditions to limit its potential impact on the area.
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A variance in real estate is a powerful tool that allows property owners to seek exceptions to zoning laws. It provides the flexibility needed to modify properties, especially in cases where rigid zoning rules would hinder development or improvement.
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From understanding zoning laws to navigating the intricacies of property modifications, our team is here to make sure your real estate journey is seamless and successful. Contact NJLux today to start exploring your dream property with confidence.
