Q&A for How to Obtain a Variance for Your Lot

Whatever your local authorities say. Quite a few variances may be needed, along with a lawyer.

Possibly. You may be zoning or deed restricted. You'll have to ask your local and county authorities.

Give the county a call and ask. It could be called the Building Department, Zoning and Permit Department or Planning Commission.

A variance usually has to be heard by and decided upon by the Zoning Board and maybe the Planning Commission. Contact your Zoning Board.

Sure, if you're permitted and have the variance to do so. Otherwise, you'll be tearing it down once it's discovered, and it will be, at the time of the inspection.

No, it's not. If there's space, it typically can be used for chairs, mailboxes, offices, storage lockers, etc.

You would generally contact the town in which construction is proposed, as each town may have its own rules for outdoor construction including setback and height restrictions.

Depends upon what you plan to do with the basement, whether it is already there, and whether your local rules regulate your plans. Many building or fire codes require at least a minimum ceiling height for "living space", including bedrooms, but they might also allow "crawlspace" with much lower ceilings, for limited uses such as storage or mechanical systems. You would need to investigate the local rules for your proposed use and what permits (if any) are required.

Eminent domain refers to the inherent power of the government to "take" private property for a public use, as long as there is "fair compensation" and the public need is unique to that property. For example, a highway expansion may require taking land or buildings to clear the way for the public works necessary. It can be a long and difficult process, due to respect for private property rights.

Depends upon what your zoning and building laws say and what you're trying to do with the existing building that would violate those rules. If it's already there, and has been for many years, you may be "exempt" from some parts of the rules, as long as you don't plan to change anything.

Many people safely ignore such problems for generations. The legal implications, if any, will depend upon local laws of real property, as well as zoning enforcement. In many cases, if the building was placed there prior to enactment of the setback regulations, it may be "grandfathered" for lawful continuation of the same use, in the same location, with the same size.

Advertisement for a zoning variance is typically required prior to a public hearing of the board to consider your application, not after. If you need other licenses, local rules may include further hearings before other commissions that will need new advertisement.

The variance for construction upon a sub-standard building lot may be possible, but your local builders and surveyors may know whether your local commission will require other limitations, such as how large the home is, in proportion to the lot size, based upon the relevant circumstances.

A zoning application may require a plan and elevation drawing of any structure to be erected, showing its location with respect to the lot lines. Whether the plans need to be stamped by licensed professionals is a local rule about which you would need to inquire locally. This may also trigger requirements for local building permits, if such things are enforced in your county.

It is said that "all zoning laws are local". Some towns may allow your hypothetical subdivision without a problem, others may simply require showing the necessary setbacks from each property line, and the required minimum square feet for each resulting lot. Otherwise, you may need a different plan or try to obtain a variance.

Your particular planning commission (or zoning board) may have its own forms, or they may give you a sample of a request filed by others, to use as a template. The usual content of the basic information is described in the article.

A "vacant lot" can be found in any zone and your proposed "use" as mini-storage could be allowed by rule (light-industrial zone, for example), or may require a zoning use variance, if it's in a location zoned for residential or something else not suited for mini-storage. A local real estate, corporate or municipal-law attorney may be able to help you.