What happens when someone applies for an Area Variance gets it approved but never builds the project?
Unlike a building permit that expires in twelve months, an Area Variance “runs with the land” and does not expire, unless the approval had a condition that said it expires if the project is not built within “X” time.
A variance generally lasts forever as long as the reason for the variance still exists.
An Area Variance also only applies to exactly what it was approved for.
If a variance was granted to allow a garage to be built nine feet off a side property line instead of the required twenty-five feet, that’s all it’s for, nothing else.
It does not mean anything can be built nine feet off the property line, only the garage that was part of the original application.
If a variance was approved and after ten-twenty-thirty years the project still has not been built, nothing changes; again, as already stated, unless the variance had that condition for expiration after a specified time.
If the property is sold and a different building is being proposed, the “old” variance would not apply at all…
Different project, different building, different situation.
The new owner will not have any benefit from a previously approved variance for a different project.
The Zoning Board of Appeals would not have any jurisdiction over a different project.
If the new owner proposed a compliant project, and no variance was required, the Zoning Board of Appeals would not be involved.
All these things have misconceptions by property owners, neighbors, sellers and buyers.
Could the new owner decide to build exactly what the previous owner had approved?
Of course, yes.
The Area Variance “runs with the land” not the applicant.
However, the project has to be identical, no changes.
If you are considering the purchase of property that has some kind of municipal approval on it, you should contact the local code office or Town Clerk and find out exactly what was approved.
Do not assume whatever approvals that may be in place have some sort of blanket approval for anything… it will always be specific to what was approved in the first place.
Building permits do expire, here in the Town of Webb, in twelve months.
As long as the project has started, and there are no problems, renewals are standard procedure.
If the property is sold can the new owner continue the project?
Absolutely, just notify the code office of the title change. The project can continue as originally approved and permitted, subject to renewal every twelve months from the date the permit was issued..
If a building permit is issued and the property sold before anything starts, can the new owner start the project?
Again, yes… however all within the same terms as the original owner was given.
Some of these questions have come up here in the code office in the last few weeks.
Why all of a sudden when it a relatively unique question?
It may be that there is suddenly interest in a number of different properties, both commercial and residential, that have been for sale for a while that also have various applications pending or actually complete and approved.
If you need to know the status of a property, the terms of a variance, the conditions of approval, call your code office ask for an appointment to review the file. Your questions should be answered there.
Making an investment into any property is a major thing. Know what you’re getting into, do not assume. You do remember how to spell assume, don’t you?
Knowledge and understanding beats screaming and yelling.