Archive for the ‘Zoning Variance’ Category
Do You Need a Zoning Variance?
Certainty is the mother of quiet and repose, and uncertainty the cause of variance and contentions. - Edward Coke
New York State’s Constitution grants the state legislature the broad authority to regulate land use if it is in the public interest. Although the state retains some authority, much of the power to plan communities and provide for and enforce zoning regulations has been delegated to local municipalities. This means that the reason your house is a certain height and a certain distance from the road, or the reason that it is a house at all and not a retail store or warehouse has to do with your city or town’s zoning code.
Let’s start with the basic premise that every city, town and village is divided into districts. Cities, towns and villages have zoning ordinances (laws) in place which dictate what type of uses are permitted for properties in each district. The zoning ordinances also dictate how large buildings can be in each district, how far from the road and neighboring property lines the buildings or other structures must be setback, what percentage of the lots may be covered with buildings, the use of the properties and much more.
A zoning variance is essentially an exception from the strict application of the zoning ordinances which affect your property.
Here are some instances where you should consider contacting your zoning board: Read the rest of this entry »