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Applying for and appealing a zoning variance

On Behalf of | May 21, 2021 | Land Use And Zoning

The value of your property, both intrinsic and extrinsic, is based in a large part on how you can use that land. This means that zoning and use restrictions can hamper your enjoyment and capitalization on your property. But if you find out that the restrictions on your property are cumbersome, you don’t have to sit back and accept that decision. Instead, you can apply to the Town Manager seeking a variance.

Applying for a variance

If you apply for a variance or some sort of exception to an existing zoning restriction, then you need to make sure that you submit detailed maps, plans, and other information that support your request. You want to be persuasive as possible here, of course, which means demonstrating that your deviation from applicable zoning standards will have negligible effects on surrounding properties.

Appealing a denial of your application

You might feel disheartened if the Town Manager denies your application, but you’re not defeated. You have the ability to appeal to the Board of Adjustment. This appeal must be made within 30 days of the initial denial, and the matter will get set for a hearing. Based on the evidence presented to it, the Board can either affirm, deny, or modify the Town Manager’s decision. Even if you lose here, though, you still have the option to appeal to the judicial system.

Confidently navigate your zoning issues

You might get several shots at making your case for a zoning exception or variance, but you want to put your best foot forward from the get-go. You need to understanding the zoning laws at hand and when the city can and should grant exceptions and variances. You also need to know how to make compelling arguments that create strong record to set you up for success on appeal in the event that your request is denied.

These can be complicated matters, though, which is why it may be in your best interests to discuss your zoning issue with an attorney who is well versed in this area of the law.