What is a use variance?

A use variance refers to the permission granted by a local zoning board or authority to allow a property owner to use their land in a manner that is typically not permitted under the existing zoning regulations. This type of variance is sought when a property owner wants to engage in activities that the current zoning classification does not allow. For instance, if a residentially zoned property owner seeks to run a commercial business, they would need to apply for a use variance to achieve that goal legally.

Obtaining a use variance requires demonstrating that the current zoning regulations create unnecessary hardship and that the proposed use would not significantly alter the character of the surrounding area. This process ensures that while individual property rights are considered, the overall community planning and zoning framework are upheld.