The current zoning for a property affects the use and development of that land. Businesses with commercial property holdings and investors seeking to develop a vacant parcel have to factor current zoning into any decisions related to property development and land use.
Occasionally, the existing zoning simply isn’t appropriate given the plans for the property. In some cases, businesses can petition municipal authorities seeking a zoning variance. When can commercial real property owners potentially qualify for a variance that allows for land use outside of the current zoning?
Undue hardship is typically necessary
Zoning variances are only available in specific qualifying circumstances. Generally, the party requesting the variance must show that adhering to the current zoning could cause undue hardship.
Frequently, such claims stem from details about the property, such as its location and slope, that make developing it for the zoned purpose impractical. The alleged hardship cannot be self-imposed, meaning that a company cannot create challenges and then use them as a basis for a zoning variance request.
In addition to proving undue hardship, the petitioning party must also show that the variance requested is the smallest possible deviation from the current zoning for the property and that it should not have any negative impact on neighboring property owners. Pursuing a variance can be a very complicated process that requires an understanding of zoning rules and legal procedures.
The right documentation and perspective can be critical to success when proving that the situation warrants a variance. Commercial property owners often need legal guidance to navigate zoning and land use matters effectively.