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»Zoning
Real Estate Law - Zoning - General Zoning Law Questions

  Page 28 of 47

How do I object to a neighbor’s proposed zoning variance?
Variance (and zoning) disputes are the stuff of dramatic local news, especially when new developments begin next door and bulldozers are plowing up the vacant 20 acres down the street.

If you wish to protest a variance request, your best bet is to do some homework first and then attend the public hearing(s) to voice your concerns, clearing stating why—and bringing in supporting data. Ideally you’ll also get some professional advice from an attorney. Very often neighbors who object will band together and hire one attorney to present their common views.

You may express worries on a number of reasonable grounds, such as,

the change in use does not meet the desires of the neighborhood,

the change in use will adversely alter the characteristics of nearby areas,

the change has a negative effect on the neighborhood’s property values,

the scale of the project is extensive,

the change poses a threat to the health and safety of the neighborhood (i.e., increased traffic, overcrowded schools),

there is no inordinate economic burden or hardship on the property owner sufficient to justify the variance.

Some communities, anticipating a tug-of-war, appoint advisory committees to hash out any potential problems and expedite the variance process.
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