Requirement #2 for a Massachusetts Zoning Variance: Hardship

This will be a three part blog series on the requirements for obtaining a variance under Massachusetts zoning law.  The first post concerned the first variance criterion: a showing that the property has unique conditions. This post discusses the second requirement: hardship.

Massachusetts zoning regulates the use of property. For a party to obtain a exemption from a zoning ordinance, they need to obtain a variance. The requirements for a variance are rigorous, and an applicant must satisfy each. Here, I’ll discuss the second requirement: hardship.

What Is A Hardship?

A hardship is an inability to reasonable use one’s property. For example, if a zoning ordinance makes it impossible to construct a building on a vacant lot, an owner may have grounds for arguing hardship.

Such hardship must relate to the property itself. For example, a limitation on the size of a home that may be built on a property could cause personal hardship to an owner, who may need additional bedrooms for a growing family. This, however, is likely not sufficient as grounds for a variance, as the hardship must be based on a unique condition of the property itself.

What’s the purpose of requiring a hardship for a variance? Variances, under Massachusetts zoning law, aren’t meant to be granted on a whim, just because someone wants one. Rather, one is suppose to have a really strong justification for needing one.

What Is Not A Hardship?

There are several circumstances that are generally not recognized as hardships under Massachusetts zoning law.

Simply wishing to build a larger home, on its own, is not enough for a hardship. A property owner will generally need to make a showing that it is no longer economically feasible to make a reasonable use of their property with the existing building in place.

Hardship also does not exist from simply being located next to a zoning district. For example, if you own a property in a residential zoning district that is across the street from a business district, and wish to use your property for a commercial purpose, it generally won’t be sufficient to argue hardship simply because of how close you are to the desired zoning district.

Conclusion

Massachusetts zoning requires an explicit showing of a hardship to obtain a variance. Often, what many of us might consider to be a hardship does not satisfy this criterion, as the hardship must directly relate to the property itself. Without such a showing, a zoning variance will not be upheld.

If you need assistance with a Massachusetts zoning matter, contact me for a consultation.