A variance is the process initiated by a landowner to apply for a special exception to a land use rule or restriction affecting their property. These rules and restrictions may be from a city zoning ordinance, land use plan or building code.
Cities and counties are given a great deal of latitude in deciding whether or not to grant a zoning variance. As a practical matter, the likelihood of obtaining a variance differs from one city or county to another. The decision to grant or deny your request for a variance is usually going to be fact dependent and will often turn on the prevailing community attitude and political environment.
A “use permit” typically refers to a property use that is not permitted by right but which may be allowed subject to certain conditions. A use permit may be obtained by filing an application with the city. An adverse decision can be overturned if the city’s decision is not supported by substantial evidence.
Protecting Private Property Rights
When you need to obtain a variance or use permit, it can be important for you to have experienced legal counsel to fight for you and help you navigate the process. If your request for a use permit or variance is wrongly or arbitrarily denied, you need a lawyer with the experience to successfully challenge the decision through an appeal to circuit court.
Our lawyers are committed to protecting the rights of landowners throughout the State of Mississippi. Our attorneys have worked with individual homeowners, businesses, and developers to successfully resolve even the most complicated land use issues. We also have experience challenging improper municipal and county ordinances and other actions in court when necessary.
To discuss how we can assist you with your land use matter, contact us online or call our office locally at 601-957-3101.