Nothing can derail your building plans more than the denial of a building permit by a building inspector for violating a zoning law.
You have several options in this situation. You can always modify your building plans to comply with the zoning requirements, but that is not a realistic or feasible option for most people.
Perhaps you believe the building inspector made a mistake. Your best option is to appeal to the Board of Zoning Appeals. Appeals involving denial of a building permit are common.
Requesting a variance
There are two types of appeals you can file. One involves asking for a variance, which is asking for permission to vary the zoning law. The two types of variances are use variances and area variances.
A use variance allows you to perform a certain activity in an area where that activity is not permitted. An area variance allows you to bypass dimensional requirements, such as lot size or height restrictions.
For a use variance, you must show that the zoning regulations are causing unnecessary hardship. With an area variance, the Zoning Board typically weighs the benefits to you against the potential damage to the health, safety and character of the surrounding area.
When asking for either type of variance, you must show that the variance you are requesting is the minimum necessary to allow you to complete your building project while still preserving the neighborhood character.
Interpretation of the zoning code
The other involves asking for an interpretation of the zoning code’s language because you believe the building inspector misinterpreted the zoning law.
You must be prepared to show the specific zoning code provision you believe was misinterpreted and explain how the provision should be interpreted based on the facts and circumstances of your case.
In both types of appeals, the burden rests on you to prove your case.
If you choose to appeal a denied building permit, you must do so quickly. You have 60 days from the date of the building inspector’s decision to file your appeal.