How to Request a Variance for a Zoning Ordinance

All towns have zoning laws that govern the development of both residential and commercial property. Sometimes, a builder or homeowner does not have the ability to meet or has a need to step outside the boundaries of these laws. In such cases, a variance to a zoning ordinance can be requested.

Instructions

1. Go to your local town hall and request an application for a variance from the Zoning Board of Appeals.

2. Fill out all requested information on the application. Be sure to include detailed descriptions of your property and in what way or ways you will not meet the zoning ordinance.

3. Attach required documentation supporting your claims. Detailed site plans, proof of property ownership and a description of your proposed project should all accompany your application.

4. Remit the required application fee. This fee will differ from town to town, but will usually cost a couple to a few hundred dollars.

Tips & Warnings

• A variance application must show that the variance request is not the result of any action by the owner and that the granting of the variance will not impede or cause a hardship to surrounding properties.

• A variance will not usually be granted unless the owner can show that he cannot use or profit from the property without the requested variance.

• Review of your application will be delayed if all necessary information is not included. Be sure the application and attachments are completed fully before submitting to avoid any delays.

• A decision regarding a request for a variance can take up to 6 weeks, but can take longer if there is opposition from neighbors or the need to conduct any site inspections.