ABA Family Legal Guide

Home Ownership

Property Rights and Restrictions

Your Property Rights

Is there a way to avoid zoning restrictions?

Most communities allow you to apply for a variance if you wish to make a minor change to your property that would violate zoning restrictions. For example, if you want to build a deck that will be close to the sidewalk and thereby violate zoning regulations, you could seek a variance; or you might seek one if you want to build a two-story extension in a one-story zone. Essentially, a variance is permission from the governing body to deviate from the zoning laws. The zoning department can provide materials explaining how to seek a variance. The steps may involve a public hearing, an appearance before the planning commission, and approval by the town governing board. It's up to you to show that the proposed change is required by a hardship caused by the shape, condition, or location of your property and will not change the character of the neighborhood or reduce neighboring property values.

If your plans call for a major change, you may apply for a zoning change. For example, if you live near the boundary of an area zoned commercial and you want to turn your nineteeth-century house into a doctor's office, you might be able to persuade the zoning authorities to extend the commercial zone boundaries a bit. Again, you would have to show that the change would not hurt property values and convince your neighbors that it would not diminish their property rights.