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Zoning is essential for proper land use and urban development. However, sometimes situations arise where landowners or developers may need to make an exception or change how a parcel of land is used. This is where zoning appeals come in. Below, we break down the key concepts associated with zoning appeals.
1. Zoning Board of Adjustment
It is the body in charge of overseeing the administration of zoning regulations and handling appeals. Acts as a mediating entity between zoning authorities and property owners or developers.
oversees rule administration and appeals
2. Nonconforming use
This term refers to a property that does not follow current zoning regulations, but is legal because the use existed before the creation of the zone. If the use began after the creation of the zone, then it would be illegal.
legal if use existed prior to zone creation, illegal otherwise
3. Variance
Refers to an exception to the permitted use in a specific area based on hardship or adversity. For example, if a landowner cannot use their land in the permitted manner due to unique physical characteristics of the site, they could request a variance.
use exception granted based on hardship
4. Special exception
Unlike a variance, a special exception is granted based on the public interest. It can be granted if a particular project is beneficial to the community, even if it does not exactly comply with zoning regulations.
based on public interest
5. Amendment
This process refers to the change of zones or “rezoning”. It is a modification to the existing zoning regulations. A landowner or developer could request an amendment if they want to change the permitted use of a parcel of land.
change of zones; rezoning
Conclusion
Zoning appeals offer an avenue for property owners and developers to work within the framework of zoning laws, while considering the needs and particularities of individual projects. It is always essential to understand these categories and work with urban planning experts or real estate attorneys when dealing with zoning appeals.
