What is the legal process for obtaining a variance from local land use regulations?

In New York, a variance is a legal authorization that a property owner can obtain from their local zoning board of appeals in order to use their land in a way that is not in compliance with local land-use regulations. If approved, the variance will allow the property owner to construct a building or use their land in a particular way that would otherwise be prohibited or restricted due to existing zoning regulations. The legal process for obtaining a variance is as follows: First, the property owner must submit an application to the local zoning board of appeals, requesting permission to use the land in a way that is not in compliance with local land-use regulations. This application must include detailed information about the proposed land use and must be accompanied by the appropriate filing fee. Next, the zoning board of appeals must hold a public hearing. During the hearing, the property owner will be expected to present evidence that supports the need for the variance and why it should be granted. During the hearing, any interested parties may be allowed to voice their opinion about the proposed land use. After the hearing, the zoning board of appeals must then decide whether or not to approve the variance. If approved, the variance will be legally binding and the property owner will be able to proceed with their proposed land use. However, if the variance is not approved, the property owner may appeal the decision by filing a petition in a court of law. It is important to note that the variance request must still meet all of the local land-use regulations in order for it to be approved.

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What is the legal process for obtaining a variance from local land use regulations?

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