The enforcement officer refuses to issue a permit for an addition on my home since it would violate the zoning ordinance. Can I get a variance or special exception so I can expand the building anyway?

Perhaps. A variance request may be appropriate and may be submitted to the municipal Zoning Hearing Board (ZHB) when a zoning regulation inflicts unnecessary hardship. The ZHB may grant the variance if the ZHB finds all of the following apply: 


  • There are unique physical conditions that prevent the property from being developed according to Zoning Ordinance
  • The variance is necessary for reasonable use of the property
  • The hardship was not self-created
  • The character of the neighborhood will not be changed
  • The use of an adjacent property and the public welfare will not be adversely affected
  • The variance permits the minimum relief from the regulation


Exceptions

A special exception is probably not appropriate and/or does not apply in this instance unless the use of the building is listed specifically as a special exception in the zoning ordinance. A special exception involves a specific use which is permitted in a particular zoning district, subject to certain standards and conditions. Applications for special exceptions are decided by the ZHB.

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1. What homeowner financial assistance is available?
2. The enforcement officer refuses to issue a permit for an addition on my home since it would violate the zoning ordinance. Can I get a variance or special exception so I can expand the building anyway?
3. I want to give ten feet of my lot to my neighbor. Must I submit a subdivision plan?
4. I am having a boundary dispute (disagreement about the location of a property line) with my neighbor. Can you resolve the dispute?
5. Can I keep animals on my property?
6. Do I have to purchase flood insurance?
7. Is my house in a flood plain?
8. What is the zoning of my property?
9. What municipality do I live in?
10. I have water running through my yard when it rains. Who do I contact for help?