Navigating zoning laws is often one of the biggest challenges in real estate development. Whether you’re planning a new commercial property, a residential renovation, or a mixed-use development, you’ve likely encountered the need for special permits or variances. But what’s the difference between these two zoning tools, and how do you know which one applies to your project?
In this article, we’ll break down the distinctions between special permits and variances, explain their approval processes, and offer real-world examples to guide you.
What Is a Special Permit?
A special permit allows specific uses of land or structures that align with the goals of the zoning district but require additional approval. These permits are often granted at the discretion of local boards or zoning authorities, and they may come with conditions to mitigate potential impacts.
Example: Imagine you’re building a solar facility in a residential zone. While the use may generally align with the town’s energy goals, it requires a special permit to address concerns like noise, traffic, or aesthetics.
Key Note: Special permits often include conditions such as landscaping requirements or traffic mitigation measures. They are discretionary, meaning the local board has the authority to approve or deny them based on the specifics of the proposal.
What Is a Variance?
A variance allows property owners to deviate from strict zoning requirements when compliance would impose undue hardship. Variances are more rigidly regulated than special permits and are granted sparingly.
Example: Let’s say you’re constructing a building closer to a property line than zoning bylaws allow. You might seek a variance due to the unique shape of your lot, which makes the standard setback requirement impractical.
Key Note: To obtain a variance, you must demonstrate that the hardship is directly related to the property (e.g., its shape or topography) and that granting the variance won’t harm public interests or violate zoning goals.
Key Differences Between Special Permits and Variances
Understanding the key differences between special permits and variances is essential for determining which one you need:
- Approval Process:
- Special Permits: Granted for uses compatible with zoning objectives, but approval is not guaranteed.
- Variances: Allow deviations from zoning rules but require a compelling justification.
- Criteria:
- Special Permits: Must harmonize with zoning objectives and meet specific conditions.
- Variances: Require proof of undue hardship and assurance that public welfare won’t be compromised.
When to Apply for a Special Permit or Variance
Knowing when to apply for a special permit versus a variance depends on the nature of your project and the zoning restrictions involved.
- Special Permit: If your project aligns with the zoning district’s general goals but has unique requirements, such as adding a mixed-use development in a commercial zone.
- Variance: If your project needs an exception to zoning rules due to factors like the lot’s shape, topography, or other constraints. For instance, an irregularly shaped lot might make it impossible to meet setback requirements without a variance.
Real-World Examples
Let’s look at how these zoning tools apply in real scenarios:
- Special Permit Scenario: A developer plans to convert an old industrial building into residential lofts. The project fits the town’s goals for redevelopment but requires board approval for parking and traffic management. A special permit is necessary.
- Variance Scenario: A builder wants to construct a taller building in an area with height restrictions. Due to poor soil conditions, a smaller building footprint is impractical. A variance is required to address the height limitation.
How Legal Expertise Helps
The application process for special permits and variances can be complex. Each involves detailed paperwork, coordination with local boards, and compliance with strict zoning regulations. Mistakes in the application process can lead to delays or denials.
An experienced real estate attorney ensures that your application is thorough and meets the specific requirements of your project. They can help you:
- Prepare supporting documentation.
- Address concerns from zoning boards.
- Increase your chances of success by presenting a compelling case.
Facing Zoning Challenges?
Whether you need a special permit or a variance, navigating zoning laws doesn’t have to be overwhelming. With the right guidance, you can move your project forward confidently.
Contact us today to discuss your real estate goals and find the best path to success.
