What is the legal basis for obtaining a zoning variance?

A zoning variance is a legal permission to deviate from the zoning regulations that apply to a particular piece of land in New York. Obtaining a zoning variance is based in state and local land use laws. The most common way to obtain a zoning variance is to file an application with the local zoning board, which is typically located in the county or town in which the property is located. The purpose of the application is to demonstrate why the zoning variance is necessary. This usually requires the property owner to demonstrate that the current zoning regulations would prohibit the owner from making the highest and best use of the property, and that the zoning variance requested is the only way to achieve their desired use of the property. The zoning board will then review the application and all relevant evidence, such as testimony from neighbors or other local stakeholders. The board is then tasked with making a determination as to whether they will grant the zoning variance. The decision is usually based on whether the requested zoning variance is reasonable and necessary to maximize the potential use of the property, while also taking into consideration any potential effects on the surrounding area. Once the zoning board has reached a decision, they will typically inform the property owner of their decision to grant or deny the zoning variance. If the zoning variance is granted, then the property owner must follow any conditions that the zoning board has specified. If the zoning variance is denied, the property owner is not allowed to use the property as they had originally intended.

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What is the legal basis for obtaining a zoning variance?

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