Civic · 6 pages · 12 min

Why a variance is a permitted exception

A variance lets one parcel depart from a zoning rule after a board finds the legal test is met.

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From the opening

A variance is a decision by a zoning board to excuse one parcel from a standard the ordinance otherwise applies across its district. It is permitted because the zoning law itself authorizes that exception, and it remains an exception because the map and the rule stay in place for every other lot. The opening covers one parcel, the rule remains, a hardship test gates relief, and area relief differs from use relief.

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Inside

  • One parcel, the rule remains
  • A hardship test gates relief
  • Area relief differs from use relief
  • A rezoning is a different act
  • Where the idea stops applying
  • A distinction worth keeping

Sources

  • Zoning board of adjustment
  • Area variance and use variance