Understanding how zoning laws and variances work is crucial when dealing with Arizona real estate issues. Having an Arizona real estate lawyer on your side to answer your questions and explain the variance requirements and process can be vital to your real estate interests.
What is a Variance?
A variance is a request for special permission from a local zoning authority to deviate from a development standard required by a zoning law or ordinance.
What is a Zoning Law or Ordinance?
A zoning law or ordinance restricts how a property can be used. For instance, property may be zoned for residential, commercial, industrial, or agricultural purposes. Arizona law also established special zoning categories, such as historic preservation and environmental zones.
Are There Different Types of Variances?
Under Arizona law, different types of variances exist, including use variances and area variances. Use variances allow property owners to use their land in a way that the current zoning classification does not permit. Area variances allow property owners to modify physical and dimensional requirements of zoning laws, such as building heights, lot sizes, or setback requirements.
What Conditions Generally Must Exist on a Property for a Variance to Be Approved?
There generally are four conditions that must exist for a variance to be approved:
- Special or unique conditions or circumstances apply to the land, building, or use of the property that do not apply to similar properties in the same zoning district.
- The applicant or owner did not create the special conditions or circumstances.
- The authorization of the variance is necessary for the owner or applicant to enjoy reasonable and substantial property rights. In other words, the property is only reasonably usable with the variance.
- Authorizing a variance will not be materially detrimental to persons working near the adjacent property, the neighborhood, or the public welfare in general. The variance must be compatible or in harmony with the area’s existing zoning laws and cannot adversely impact other properties.
What is a Special Condition or Circumstance Applying to Property that Would Justify a Variance to Be Approved?
The special condition or circumstance must be a hardship relating to the property that is so unique it cannot be replicated on any other similarly zoned land. For instance, a special condition or circumstance could include an unusual lot size, shape, or topography.
Are Zoning Laws the Same Throughout Arizona?
No. Zoning laws and ordinances differ markedly throughout the state, changing from one county to another and one city to another.
What is the Process of Asking for a Variance?
While exact procedures vary from among zoning authorities, the property owner seeking the variance must submit a detailed application to the applicable zoning authority to request the variance. The application must contain detailed supporting documents, such as property surveys, architectural plans, and proof of hardship.
Next, the zoning authority generally schedules a public hearing. The zoning authority gives notice of the hearing to the community and, specifically, to any neighboring property owners so they can all voice their opinions on the requested variance.
Once the public hearing occurs, the zoning authority decides on the variance request. If the property owner or another aggrieved party disagrees with the decision, they can appeal it in court.
We Are Here to Help You with Your Arizona Real Estate Issues
Our goal is to help you understand how zoning laws and variances may affect your property. With our assistance, you will know what to expect when applying for a variance and the likelihood of obtaining a variance for your property. Contact the offices of Provident Law today at (480) 388-3343 or online and schedule an appointment to speak with our Arizona real estate lawyer about your legal matter.