Page 1 of 1

variance vs. spot zoning

PostPosted: Wed Sep 24, 2014 2:20 pm
by fhasana
i keep getting confused between the two - anyone able to clarify this for me?

thanks!

Re: variance vs. spot zoning

PostPosted: Wed Sep 24, 2014 9:07 pm
by markarch
spot zoning is a change in zone for one particular property, and usually there's a good reason why the property gets to be zoned differently than its immediate surroundings. maybe they need the parcel to be a buffer? either way, everything within the property lines now legally follows different zone regulations than the rest of the block.

a variance is granted to an owner, after he applies for it, to not follow one piece of code or restriction because of unduly hardship, he's not asking for a completely different zone, he just can't comply with one piece of code. for instance, because of code or law he HAS to have more parking spots that can fit (physical hardship), or, code requires installation of a system (ADA elevator maybe) that would end up being a large cost of percentage of the project (financial hardship).

comparing the two is different, spot zoning is more of the authority deciding that the ZONE in that property shall be different. a variance is the owner ASKING to be able to ignore a single code requirement and still get their permits.

i'm open to corrections of any inaccuracies ;)

Re: variance vs. spot zoning

PostPosted: Wed Sep 24, 2014 9:20 pm
by Coach
markarch wrote:or, code requires installation of a system (ADA elevator maybe) that would end up being a large cost of percentage of the project (financial hardship).

That has nothing to do with zoning variances.

spot zoning is more of the authority deciding that the ZONE in that property shall be different.

Usually illegal for private property.

Re: variance vs. spot zoning

PostPosted: Wed Sep 24, 2014 9:23 pm
by markarch
I was just speaking of variances in general not just a variance in zoning:

"A variance is the process by which an applicant can request deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code."

Re: variance vs. spot zoning

PostPosted: Wed Sep 24, 2014 9:27 pm
by Coach
markarch wrote:I was just speaking of variances in general not just a variance in zoning:


Zoning was clearly the context of the question.

Re: variance vs. spot zoning

PostPosted: Wed Sep 24, 2014 9:46 pm
by markarch
hope my examples help fhasana! if you want some examples of a variance in zoning ordinance let us know!

Re: variance vs. spot zoning

PostPosted: Thu Sep 25, 2014 11:27 am
by fhasana
thanks guys! this is really helpful!!

Re: variance vs. spot zoning

PostPosted: Fri Apr 06, 2018 9:39 am
by MarciAdair
markarch wrote:spot zoning is a change in zone for one particular property, and usually there's a good reason why the property gets to be zoned differently than its immediate surroundings. maybe they need the parcel to be a buffer? either way, everything within the property lines now legally follows different zone regulations than the rest of the block.

a variance is granted to an owner, after he applies for it, to not follow one piece of code or restriction because of unduly hardship, he's not asking for a completely different zone, he just can't comply with one piece of code. for instance, because of code or law he HAS to have more parking spots that can fit (physical hardship), or, code requires installation of a system (ADA elevator maybe) that would end up being a large cost of percentage of the project (financial hardship).

comparing the two is different, spot zoning is more of the authority deciding that the ZONE in that property shall be different. a variance is the owner ASKING to be able to ignore a single code requirement and still get their permits.

i'm open to corrections of any inaccuracies ;)


THIS IS SOOOO HELPFUL!!
Thank you so much!!