Question

What are the 4 specific criteria to get a use variance approved?

Answer 1

To get a use variance approved, the criteria typically include unique circumstances, no special privilege, public interest considerations, and unnecessary hardship or no reasonable use without the variance.

Step-by-step explanation:

To get a use variance approved, which allows a landowner to use their land in a way that is not permitted under the current zoning ordinance, four specific criteria must generally be satisfied. These criteria ensure that variances are not granted indiscriminately and are based on well-defined needs or conditions. Here are the four typical criteria:

1. There must be unique circumstances that apply to the property which are not generally applicable to other properties in the same zoning district.
2. The variance must not confer on the applicant any special privilege that is denied by the zoning ordinance to other lands, structures, or buildings in the same district.
3. The granting of the variance will not be adverse to the public interest or welfare, or injurious to the property or improvements in the neighborhood in which the property is located.
4. There must be proof that without the variance, no reasonable use of the property is possible, or the landowner would suffer unnecessary hardship.

Each jurisdiction might have slightly different criteria or ways of interpreting these standards, but they serve as a general guide for reviewing use variance requests.