Application of local zoning laws within a municipality may occasionally result in unintended or harsh consequences for properties within a particular zoning district. Variances and special use permits are devices that provide relief to a property owner to utilize the property in a manner or for a purpose not otherwise allowed by the applicable zoning law. There are two types of variances, use and area. Use variance allows a property to be utilized in a manner not permitted by the zoning regulations i.e. allowing a retail business in a residential area. An area variance is a request for relief from a zoning regulation based upon a dimensional or physical requirement i.e. a set back issue regarding the location of a home, driveway, fence or shed. The power to grant variances is vested in a municipalities' zoning board of appeals who must render its decision after applying certain statutory standards.
We have extensive experience advising local government boards and individuals seeking to affirm and/or repeal the granting and denial of variances and special use permits. We would welcome the opportunity to counsel you in this area.