Also known as: bulks · bulk sale · bulk transfer
Written by attorneys · grounded in primary & secondary sources — see below
A dimensional restriction imposed by zoning ordinances on the size, volume, or mass of buildings or structures. Variances provide relief from literal compliance with bulk restrictions when strict application would cause unnecessary hardship.
Brighton Manufacturing seeks to expand its warehouse by adding a second story that exceeds the local zoning ordinance's height limit. The company applies for a variance, demonstrating that literal enforcement of the bulk restriction would prevent any economically viable use of the parcel. The zoning board grants relief after finding unnecessary hardship.
Greenfield Developers proposes a commercial building whose footprint exceeds the zoning code's maximum lot coverage. The firm applies for a variance after showing that the bulk restriction leaves the parcel without reasonable economic use. The board grants relief upon proof of unnecessary hardship.
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Homeowner Ramirez seeks to build a rear addition that violates the side-yard bulk requirement. She demonstrates to the zoning board that strict enforcement would cause unnecessary hardship with no detriment to neighbors. The variance is granted.
TechStart LLC requests relief from the zoning ordinance's floor-area-ratio bulk limit to construct a larger office building. Evidence shows literal compliance prevents viable use of the downtown parcel. The board approves the variance after finding unnecessary hardship.
Farmer Delgado applies for a variance to exceed the agricultural district's height bulk restriction for a new grain silo. He proves that the limit causes unnecessary hardship without harming surrounding uses. The zoning board grants the requested relief.
Metro Housing Partners seeks a variance from the zoning code's density bulk standard to build additional units. Strict enforcement would render the parcel economically unusable. The board finds unnecessary hardship and approves the variance.
A variance may be granted to relieve literal compliance with bulk restrictions when strict application would cause unnecessary hardship and the variance will not harm the public welfare.
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The applicant must demonstrate that literal enforcement of the bulk restriction would cause unnecessary hardship and that the variance will not alter the essential character of the neighborhood or harm the public welfare.
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The local zoning board or other designated municipal body reviews variance applications and may grant relief from bulk restrictions upon a proper showing of unnecessary hardship.
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