A variance may be granted to property owners who need to use their property in a way that would otherwise be prohibited by local zoning regulations. It gives those property owners the legal authority to deviate from the regulations in a specific way.
Most properties are zoned for certain types of use, such as commercial, residential or industrial. When the zoning does not line up with the goals of the property owner, a variance may be necessary.
Running a commercial operation
A common example is when someone owns a piece of property that is zoned for residential use, but they want to start a commercial operation. If they just open the business and start operating, the local government could shut them down. If they receive a variance, they may be allowed to start commercial operations even though the properties around them remain residential.
This does not actually change how the zoning works for any other property owners. A variance only applies to that one specific property and its unique situation.
There are many factors that are considered when determining whether or not the variance should be granted. The government will consider how nearby property values will be affected, for example, or whether there is outspoken opposition from neighboring property owners.
Issues with commercial property
When facing any type of land use issue involving commercial property, it is imperative for owners to understand local laws, regulations, ordinances and zoning requirements. They also need to know exactly what legal steps to take, which is why it can be helpful to work with an experienced attorney.
