Variance (land Use) - Description

Description

A variance is an administrative exception to land use regulations. The use and application of variances can differ considerably throughout the great number of municipalities worldwide that regulate land use on this model. The issuance of variances may be very common, or nearly unheard-of in a given municipality. This can depend on a municipality's regulations, built environment and development pattern, and even political climate. One city may view variances as a routine matter, while another city may see variances as highly unusual exceptions to the norm. Community attitudes and political climates can change within a city as well, affecting the manner in which variances are granted even when no changes are made to the regulations governing variances.

Typically, in the United States, the process for a variance must be made available to a landowner upon request, or the municipality may be in danger of committing a regulatory taking. The variance process has been described as "a constitutional safety valve" to protect the rights of landowners.

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