What is a variance and what are the requirements for approval?
A variance is a request to deviate from current Zoning Bylaw requirements. If granted, a variance essentially waives a specific requirement of the Zoning Bylaw. For example, if a property owner wants to locate a structure closer to a lot line than the Zoning Bylaw allows, a variance would be required. Leicester’s Zoning Bylaw does not allow the ZBA to issue a variance for a use not allowed in a particular zoning district.
In accordance with Massachusetts General Laws, Chapter 40A, Section 10 and Section 6.4.03 of Leicester’s Zoning Bylaw, before the granting of any variance, the ZBA s must specifically find the following conditions have been met:
- That owing to circumstances relating to the soil conditions, shape or topography of land or structures, and especially affecting such land structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this by-law would involve substantial hardship, financial or otherwise to the petitioner or appellant;
- That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this by-law.