Zoning rules determine how you can use and develop your property, including where you can build and how large a structure can be. A zoning variance gives you an exception to one of those rules when applying it strictly would create an unusual hardship for your particular property. Here is what you should know.
A variance creates an exception to a zoning rule
A zoning variance lets you do something your property would not normally be allowed to do under the local zoning regulations. For example, if a setback requirement prevents you from building an addition where you want it, you may seek a variance from that requirement.
The variance applies to your particular property rather than changing the zoning rule for other properties in the area.
Your property must have a qualifying hardship
You generally need to show that a condition specific to your property makes it unusually difficult to follow the zoning requirement. Connecticut law allows zoning boards of appeals to grant variances when enforcing the regulations would cause exceptional difficulty or unusual hardship.
A desire to use the property differently or make a more profitable use of it generally does not establish the required hardship.
A zoning board of appeals decides the request
Your local zoning board of appeals decides whether your property qualifies for a variance. The board reviews your request and the circumstances affecting the property before deciding whether to grant or deny it.
The board must state the reason for its decision, so the outcome depends on the facts supporting your request rather than simply whether the proposed change seems reasonable.
The variance stays with the property
A granted variance generally runs with the land rather than with the person who requested it. If you sell the property, the variance does not ordinarily disappear just because ownership changes. That can make an existing variance important to understand when you buy or sell property.
Consider your options before applying
If a zoning rule is standing in the way of your plans, it is worth understanding whether your property’s circumstances support a variance before you begin the application process. An attorney familiar with Connecticut zoning law can help you determine whether a variance is appropriate and guide you through the process.
