What You Need to Know About Zoning Variances in New York

Zoning variances are crucial for property owners and developers in New York who need to use their land in ways that deviate from existing zoning regulations. Understanding how these variances work can enable you to navigate the complexities of local land use laws.

A zoning variance is an exemption granted by a local zoning board that allows a property owner to deviate from the set zoning requirements. These requirements could be related to property dimensions, building height, usage types, or lot coverage. If your project cannot meet the established zoning regulations due to unique circumstances, applying for a variance may be your best course of action.

In New York, there are typically two types of variances: area variances and use variances. Area variances are sought when a property owner wishes to modify the physical dimensions of a property, such as its height or setbacks. For example, if you want to build a larger deck that extends too close to the property line, you would apply for an area variance.
Use variances, on the other hand, are requested when the intended use of the property does not conform to the existing zoning laws. For instance, if you plan to convert a residential property into a commercial space, you would need a use variance.

To apply for a zoning variance in New York, you typically must follow a multi-step process. First, you need to fill out an application form provided by your local zoning board. This application often requires comprehensive details about your property, proposed project, and reasons why the variance is necessary. Supporting documents, such as site plans, might also be needed.
After submitting your application, a public hearing will usually be scheduled. During this hearing, you will have the opportunity to present your case, and community members have the chance to express their support or opposition. This public engagement is crucial, as community impact is one of the factors that zoning boards consider when making their decisions.

Upon completing the hearing, the zoning board will deliberate and may approve or deny the variance application. Approval is typically contingent on proving that the variance will not negatively impact the neighboring properties or the community at large. Factors like unique physical conditions, the potential for community disruption, and whether the variance is the minimum required to achieve your goals all play significant roles in the decision-making process.

It’s also essential to consider the time and cost involved in obtaining a zoning variance in New York. The process can be lengthy, often taking several months or longer, especially in densely populated areas where more public input is likely. Additionally, application fees and possible legal costs for hiring an attorney may be necessary, so budgeting appropriately is essential.

In summary, zoning variances can be a valuable tool for property owners in New York looking to make alterations or changes that are not permissible under existing zoning regulations. By understanding the types of variances, the application process, and the factors influencing outcome decisions, you can better advocate for your property development goals. Remember to engage your community and consider professional advice to enhance your chances of a successful application.