What is the legal basis for obtaining a zoning variance?

A zoning variance is an exception to the normal zoning regulations in a local jurisdiction. In Washington, zoning variances are created through the Local Land Use Process. The legal basis for obtaining a zoning variance is based on the zoning ordinance and specific zoning regulations within the jurisdiction. Before a zoning variance can be granted, the applicant must demonstrate to the zoning board that their project meets the criteria set out in the ordinance. Generally, this involves demonstrating that the proposed project will not create a nuisance, harm public safety, or be detrimental to the public welfare. The applicant must also show that they are unable to use their land as proposed due to the rigid requirements of the zoning ordinance. If the zoning board finds that the criteria for granting the variance is met, they may approve the variance. The board may also place specific conditions on the variance to ensure that it does not cause public harm or compromise public safety. While each locality in Washington has its own requirements for granting variances, the legal basis is the same. Local zoning regulations must be followed and the applicant must demonstrate to the zoning board that their proposal meets the criteria set out in the ordinance. If the board finds that the criteria is met, they may grant a variance to the applicant.

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What is the legal basis for obtaining a zoning variance?

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