Obtaining Zoning Use Variances

[Christopher Noto]

Hey everyone,

I wanted to discuss any experiences you guys may have with obtaining use variances. I know they can be difficult, so are there any tips or tricks to increase the odds at all? Zoning is the root of basically all of my multi-family problems so if I could figure this out it would do wonders.

[David Stafford]

Ok, @Christopher Noto, 

So, the first thing I would do would be to speak to the township or municipality and get an idea of their reservations for allowing a variance. Perhaps you're looking in residential, single-family neighborhoods where neither the municipality nor the home owners want change. You must provide evidence of a hardship -- special conditions or hardship typically must arise from some physical configuration of the lot or its structures. You must also be mindful of a few things: if a variance is offered to you it must also be applicable to anyone else who might be in the same situation. Also, you cannot ask for a variance as a matter of personal gain. A variance cannot grant special privilege to the owner. I know it seems like a list of everything you cannot do but it should help you to understand the municipality's perspective. 

I hope this helps.