What might a zoning board of adjustment consider for favorable land use variance?

A zoning board of adjustment typically considers the concept of undue and unjustified hardship for the owner when evaluating requests for a land use variance. This principle is fundamentally important because it ensures that property owners are not unduly burdened by the zoning laws. To grant a variance, the board often assesses whether strict adherence to the zoning regulations would result in significant difficulties or hardships for the property owner that are not self-imposed.

The notion of hardship refers to situations where complying with the zoning ordinance would prevent the owner from making reasonable use of their property. For example, if a property is situated in such a way or has unique characteristics that make it difficult to comply with the zoning rules, the board may find that a variance is justified.

Furthermore, the board must ensure that such hardships are both undue and unjustified, meaning that they were not created by the owner through their own actions. This consideration helps maintain the integrity of the zoning laws while still accommodating the legitimate needs of property owners.

In contrast, factors like preparation by professional land use attorneys or demonstrating a valid homestead exemption do not directly address the core reason why a variance would be needed, as they do not reflect the property’s specific circumstances. A grandfathering clause typically applies to properties that were in compliance