### Introduction

In Kenya, zoning laws and regulations are established to ensure orderly development and use of land within various jurisdictions. A zoning variance request is a formal application made by a property owner to seek an exception from the existing zoning regulations. This request is typically made when the property owner believes that the strict application of the zoning laws would cause undue hardship or when the proposed use of the property would not adversely affect the surrounding area.

### Table of Contents

1. **Legal Framework**
   - 1.1 Constitution of Kenya, 2010
   - 1.2 Physical and Land Use Planning Act, 2019
   - 1.3 County Government Act, 2012

2. **Components of a Zoning Variance Request**
   - 2.1 Applicant Information
   - 2.2 Property Description
   - 2.3 Current Zoning Classification
   - 2.4 Proposed Use and Variance Sought
   - 2.5 Justification for Variance
   - 2.6 Impact on Surrounding Area
   - 2.7 Supporting Documents

3. **Procedure for Submitting a Zoning Variance Request**
   - 3.1 Pre-Application Consultation
   - 3.2 Submission of Application
   - 3.3 Public Notification and Participation
   - 3.4 Review and Decision by the County Planning Authority

4. **Conclusion**

### 1. Legal Framework

#### 1.1 Constitution of Kenya, 2010
- **Article 66**: The State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning.

#### 1.2 Physical and Land Use Planning Act, 2019
- **Section 57**: Provides for the application for development permission, including applications for zoning variances.
- **Section 58**: Outlines the criteria for granting development permissions and variances.

#### 1.3 County Government Act, 2012
- **Section 104**: Mandates county governments to plan for the development and use of land within their jurisdictions.
- **Section 105**: Requires public participation in the planning process.

### 2. Components of a Zoning Variance Request

#### 2.1 Applicant Information
- **Name**: Full name of the property owner or authorized representative.
- **Address**: Current address of the applicant.
- **Contact Information**: Phone number and email address.

#### 2.2 Property Description
- **Location**: Physical address of the property.
- **Parcel Number**: Unique identifier assigned to the property by the land registry.
- **Size**: Total area of the property in square meters or hectares.

#### 2.3 Current Zoning Classification
- **Zoning Designation**: The current zoning classification of the property (e.g., residential, commercial, industrial).
- **Permitted Uses**: A list of uses allowed under the current zoning classification.

#### 2.4 Proposed Use and Variance Sought
- **Proposed Use**: Detailed description of the intended use of the property.
- **Variance Sought**: Specific zoning regulation from which the variance is being requested (e.g., setback requirements, building height restrictions).

#### 2.5 Justification for Variance
- **Undue Hardship**: Explanation of how the strict application of the zoning regulations would cause undue hardship to the property owner.
- **Unique Circumstances**: Description of any unique physical or topographical conditions of the property that justify the variance.
- **Public Interest**: Argument that the proposed use will not adversely affect the public interest or the character of the surrounding area.

#### 2.6 Impact on Surrounding Area
- **Compatibility**: Analysis of how the proposed use is compatible with the surrounding land uses.
- **Traffic Impact**: Assessment of the potential impact on traffic and transportation infrastructure.
- **Environmental Impact**: Evaluation of any potential environmental effects of the proposed use.

#### 2.7 Supporting Documents
- **Site Plan**: A detailed site plan showing the layout of the property and the proposed development.
- **Environmental Impact Assessment (EIA)**: If required, an EIA report prepared by a licensed environmental expert.
- **Letters of Support**: Any letters of support from neighboring property owners or community organizations.

### 3. Procedure for Submitting a Zoning Variance Request

#### 3.1 Pre-Application Consultation
- **Meeting with Planning Authority**: Schedule a meeting with the county planning authority to discuss the proposed variance and obtain guidance on the application process.

#### 3.2 Submission of Application
- **Application Form**: Complete the official zoning variance application form provided by the county planning authority.
- **Supporting Documents**: Attach all required supporting documents, including the site plan, EIA report, and letters of support.
- **Application Fee**: Pay the applicable application fee as determined by the county government.

#### 3.3 Public Notification and Participation
- **Public Notice**: Publish a notice of the zoning variance request in a local newspaper and on the county government's website.
- **Public Hearing**: Attend a public hearing where community members can provide input on the proposed variance.

#### 3.4 Review and Decision by the County Planning Authority
- **Review Process**: The county planning authority will review the application, consider public comments, and evaluate the justification for the variance.
- **Decision**: The planning authority will issue a decision to approve, approve with conditions, or deny the variance request.
- **Appeal**: If the variance request is denied, the applicant may appeal the decision to the County Physical and Land Use Planning Liaison Committee.

### Conclusion

Submitting a zoning variance request in Kenya involves a detailed and structured process governed by various legal frameworks, including the Constitution of Kenya, the Physical and Land Use Planning Act, and the County Government Act. By following the outlined steps and providing comprehensive justification and supporting documents, property owners can effectively seek exceptions to zoning regulations to accommodate their unique circumstances and proposed land uses.

## Zoning Variance Request

This document is a sample Zoning Variance Request and should be adapted to fit your specific circumstances.

### 1. Introduction

This Zoning Variance Request is submitted by [Your Full Name], the owner of the property located at [Property Address]. The property is currently zoned as [Current Zoning]. This request seeks a variance from the [Specific Zoning Regulation] of the [Name of Zoning Ordinance] to allow for [Proposed Use].

### 2. Property Description

The property is located at [Property Address] and consists of [Property Size] of land. The property is currently [Describe the current state of the property, e.g., vacant, occupied by a single-family dwelling, etc.].

### 3. Proposed Use

The proposed use for the property is [Proposed Use]. This use is not currently permitted under the [Current Zoning] of the property.

### 4. Justification for Variance

The applicant believes that a variance is necessary for the following reasons:

* **Unique Circumstances:** [Explain the unique circumstances of the property that make it difficult to comply with the zoning regulations. For example, the property may have unusual topography, be located in a transition zone, or have other physical characteristics that make it unsuitable for the permitted uses.]
* **Hardship:** [Explain how the zoning regulations impose a hardship on the applicant. For example, the applicant may be unable to develop the property for its intended use without a variance, or the variance may be necessary to prevent a financial loss.]
* **Public Benefit:** [Explain how the proposed use will benefit the public. For example, the proposed use may create jobs, provide affordable housing, or improve the quality of life in the community.]
* **Minimal Impact:** [Explain how the proposed use will have minimal impact on the surrounding neighborhood. For example, the proposed use may be compatible with the existing uses in the area, or the applicant may be willing to implement mitigation measures to minimize any potential impacts.]

### 5. Supporting Documents

The following documents are attached to this request:

* **Property Survey:** [Include a property survey that shows the boundaries of the property and any existing structures.]
* **Site Plan:** [Include a site plan that shows the proposed use of the property and any proposed structures.]
* **Architectural Drawings:** [Include architectural drawings that show the design of any proposed structures.]
* **Traffic Impact Study:** [If the proposed use is likely to generate significant traffic, include a traffic impact study.]
* **Environmental Impact Assessment:** [If the proposed use is likely to have a significant environmental impact, include an environmental impact assessment.]
* **Letters of Support:** [Include letters of support from neighbors, community organizations, or other stakeholders.]

### 6. Conclusion

The applicant respectfully requests that the [Name of Zoning Board] grant a variance from the [Specific Zoning Regulation] of the [Name of Zoning Ordinance] to allow for the [Proposed Use] of the property. The applicant believes that the proposed use is consistent with the overall goals of the zoning ordinance and will benefit the community.

### 7. Case Laws

**Case Laws:**

* **[Case Name]:** [Case Citation] - This case established the principle that a variance may be granted if the applicant can demonstrate that the zoning regulations impose a hardship on the property owner.
* **[Case Name]:** [Case Citation] - This case held that a variance may be granted if the proposed use will not have a negative impact on the surrounding neighborhood.
* **[Case Name]:** [Case Citation] - This case emphasized the importance of public benefit in granting a variance.

**Sources:**

* [Kenya Law](https://www.kenyalaw.org/)
* [The Law Society of Kenya](https://www.lsk.or.ke/)

### 8. TLDR

This Zoning Variance Request seeks permission to use a property for a purpose not currently allowed under its zoning classification. The request argues that the proposed use is justified due to unique property circumstances, hardship, public benefit, and minimal impact on the surrounding area.

---

### Zoning Variance Request Document

**Zoning Variance Request**

**Applicant:** [Your Full Name]

**Property Address:** [Property Address]

**Current Zoning:** [Current Zoning]

**Proposed Use:** [Proposed Use]

**Date:** [Date]

**Introduction:**

This Zoning Variance Request is submitted by [Your Full Name], the owner of the property located at [Property Address]. The property is currently zoned as [Current Zoning]. This request seeks a variance from the [Specific Zoning Regulation] of the [Name of Zoning Ordinance] to allow for [Proposed Use].

**Property Description:**

The property is located at [Property Address] and consists of [Property Size] of land. The property is currently [Describe the current state of the property, e.g., vacant, occupied by a single-family dwelling, etc.].

**Proposed Use:**

The proposed use for the property is [Proposed Use]. This use is not currently permitted under the [Current Zoning] of the property.

**Justification for Variance:**

The applicant believes that a variance is necessary for the following reasons:

* **Unique Circumstances:** [Explain the unique circumstances of the property that make it difficult to comply with the zoning regulations. For example, the property may have unusual topography, be located in a transition zone, or have other physical characteristics that make it unsuitable for the permitted uses.]
* **Hardship:** [Explain how the zoning regulations impose a hardship on the applicant. For example, the applicant may be unable to develop the property for its intended use without a variance, or the variance may be necessary to prevent a financial loss.]
* **Public Benefit:** [Explain how the proposed use will benefit the public. For example, the proposed use may create jobs, provide affordable housing, or improve the quality of life in the community.]
* **Minimal Impact:** [Explain how the proposed use will have minimal impact on the surrounding neighborhood. For example, the proposed use may be compatible with the existing uses in the area, or the applicant may be willing to implement mitigation measures to minimize any potential impacts.]

**Supporting Documents:**

The following documents are attached to this request:

* **Property Survey:** [Include a property survey that shows the boundaries of the property and any existing structures.]
* **Site Plan:** [Include a site plan that shows the proposed use of the property and any proposed structures.]
* **Architectural Drawings:** [Include architectural drawings that show the design of any proposed structures.]
* **Traffic Impact Study:** [If the proposed use is likely to generate significant traffic, include a traffic impact study.]
* **Environmental Impact Assessment:** [If the proposed use is likely to have a significant environmental impact, include an environmental impact assessment.]
* **Letters of Support:** [Include letters of support from neighbors, community organizations, or other stakeholders.]

**Conclusion:**

The applicant respectfully requests that the [Name of Zoning Board] grant a variance from the [Specific Zoning Regulation] of the [Name of Zoning Ordinance] to allow for the [Proposed Use] of the property. The applicant believes that the proposed use is consistent with the overall goals of the zoning ordinance and will benefit the community.

**Signature:**

[Your Signature]

**Printed Name:** [Your Full Name]

**Date:** [Date]

---

**Sources:**

* [Kenya Law](https://www.kenyalaw.org/)
* [The Law Society of Kenya](https://www.lsk.or.ke/)

This document is a sample Zoning Variance Request and should be adapted to fit your specific circumstances. It is recommended to consult with a legal professional for advice on your specific situation.

### Zoning Variance Request for a Property Owner

---

#### Table of Contents

1. Introduction
2. Property Details
3. Current Zoning and Requested Variance
4. Justification for the Variance
5. Impact on Surrounding Properties
6. Compliance with Local Zoning Ordinances
7. Conclusion

---

### 1. Introduction

This document serves as a formal request for a zoning variance for the property located at [Property Address]. The property owner, [Your Full Name], seeks to deviate from the current zoning regulations to utilize the property in a manner that is not typically permitted under the existing zoning laws. This request is made in accordance with the relevant provisions of the local zoning ordinances and regulations.

### 2. Property Details

- **Property Owner:** [Your Full Name]
- **Property Address:** [Property Address]
- **Parcel Number:** [Parcel Number]
- **Current Zoning Classification:** [Current Zoning Classification]
- **Proposed Use:** [Proposed Use]

### 3. Current Zoning and Requested Variance

The property is currently zoned as [Current Zoning Classification], which restricts its use to [Current Permitted Uses]. The owner seeks a variance to allow for [Proposed Use], which is not permitted under the current zoning classification. Specifically, the variance requested is to [describe the specific variance, e.g., change the use from residential to commercial, increase the building height, reduce the setback requirements, etc.].

### 4. Justification for the Variance

The request for a zoning variance is justified based on the following grounds:

- **Unique Circumstances:** The property has unique physical characteristics that make it difficult to comply with the current zoning regulations. [Describe the unique circumstances, such as the shape, size, topography, or location of the property].
- **Unnecessary Hardship:** Strict application of the zoning ordinance would result in unnecessary hardship for the property owner. [Explain the hardship, such as financial burden, inability to use the property effectively, etc.].
- **Public Interest:** Granting the variance will not adversely affect the public interest. [Provide reasons why the variance will not harm the public, such as maintaining the character of the neighborhood, improving property values, etc.].

### 5. Impact on Surrounding Properties

The proposed variance will have minimal impact on the surrounding properties. The following measures will be taken to mitigate any potential negative effects:

- **Traffic and Parking:** [Describe any measures to address traffic and parking concerns, such as providing additional parking spaces, traffic management plans, etc.].
- **Noise and Light:** [Describe any measures to minimize noise and light pollution, such as installing sound barriers, using low-intensity lighting, etc.].
- **Aesthetics:** [Describe any measures to ensure the proposed use is aesthetically pleasing and in harmony with the surrounding properties, such as landscaping, architectural design, etc.].

### 6. Compliance with Local Zoning Ordinances

The requested variance complies with the general intent and purpose of the local zoning ordinances. The following points highlight the compliance:

- **Consistency with Comprehensive Plan:** The proposed use is consistent with the comprehensive plan for the area. [Explain how the proposed use aligns with the long-term planning goals of the community].
- **No Detriment to Public Welfare:** The variance will not be detrimental to the public welfare or injurious to other properties in the vicinity. [Provide evidence or expert opinions supporting this point].
- **Minimum Variance Required:** The variance requested is the minimum necessary to alleviate the hardship. [Explain why the requested variance is the least deviation from the zoning regulations required to achieve the desired use].

### 7. Conclusion

In conclusion, the property owner respectfully requests the approval of the zoning variance to allow for [Proposed Use] at [Property Address]. The variance is justified based on the unique circumstances of the property, the unnecessary hardship imposed by the current zoning regulations, and the minimal impact on the surrounding properties. The proposed use is consistent with the comprehensive plan and will not be detrimental to the public welfare.

The property owner is committed to working with the local zoning board and addressing any concerns that may arise during the review process. We appreciate your consideration of this request and look forward to a favorable decision.

---

**TLDR:** The property owner at [Property Address] requests a zoning variance to allow for [Proposed Use], citing unique property circumstances, unnecessary hardship, and minimal impact on surrounding properties. The variance aligns with the comprehensive plan and public welfare.

---

**Sources:**

- [Kenya Homes](https://kenyahomes.co.ke/blog/what-property-owners-should-know-about-zoning-violations/)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/index.xql)
- [LegalMatch](https://www.legalmatch.com/law-library/article/zoning-variance-lawyers.html)
- [FindLaw](https://www.findlaw.com/realestate/land-use-laws/zoning-changes-variances-and-more.html)

---

### Sample Zoning Variance Request Document

---

```
[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]

Zoning Board of Appeals
[City/Town/Village Name]
[Address]
[City, State, ZIP Code]

Subject: Zoning Variance Request for [Property Address]

Dear Members of the Zoning Board of Appeals,

I am writing to formally request a zoning variance for my property located at [Property Address]. The property is currently zoned as [Current Zoning Classification], which restricts its use to [Current Permitted Uses]. I am seeking a variance to allow for [Proposed Use], which is not permitted under the current zoning classification.

**Property Details:**
- Property Owner: [Your Full Name]
- Property Address: [Property Address]
- Parcel Number: [Parcel Number]
- Current Zoning Classification: [Current Zoning Classification]
- Proposed Use: [Proposed Use]

**Justification for the Variance:**

1. **Unique Circumstances:** The property has unique physical characteristics that make it difficult to comply with the current zoning regulations. [Describe the unique circumstances, such as the shape, size, topography, or location of the property].

2. **Unnecessary Hardship:** Strict application of the zoning ordinance would result in unnecessary hardship for me as the property owner. [Explain the hardship, such as financial burden, inability to use the property effectively, etc.].

3. **Public Interest:** Granting the variance will not adversely affect the public interest. [Provide reasons why the variance will not harm the public, such as maintaining the character of the neighborhood, improving property values, etc.].

**Impact on Surrounding Properties:**

The proposed variance will have minimal impact on the surrounding properties. The following measures will be taken to mitigate any potential negative effects:

- **Traffic and Parking:** [Describe any measures to address traffic and parking concerns, such as providing additional parking spaces, traffic management plans, etc.].
- **Noise and Light:** [Describe any measures to minimize noise and light pollution, such as installing sound barriers, using low-intensity lighting, etc.].
- **Aesthetics:** [Describe any measures to ensure the proposed use is aesthetically pleasing and in harmony with the surrounding properties, such as landscaping, architectural design, etc.].

**Compliance with Local Zoning Ordinances:**

The requested variance complies with the general intent and purpose of the local zoning ordinances. The following points highlight the compliance:

- **Consistency with Comprehensive Plan:** The proposed use is consistent with the comprehensive plan for the area. [Explain how the proposed use aligns with the long-term planning goals of the community].
- **No Detriment to Public Welfare:** The variance will not be detrimental to the public welfare or injurious to other properties in the vicinity. [Provide evidence or expert opinions supporting this point].
- **Minimum Variance Required:** The variance requested is the minimum necessary to alleviate the hardship. [Explain why the requested variance is the least deviation from the zoning regulations required to achieve the desired use].

In conclusion, I respectfully request the approval of the zoning variance to allow for [Proposed Use] at [Property Address]. The variance is justified based on the unique circumstances of the property, the unnecessary hardship imposed by the current zoning regulations, and the minimal impact on the surrounding properties. The proposed use is consistent with the comprehensive plan and will not be detrimental to the public welfare.

I am committed to working with the local zoning board and addressing any concerns that may arise during the review process. I appreciate your consideration of this request and look forward to a favorable decision.

Sincerely,

[Your Full Name]
[Your Signature]
```

---

This sample document provides a comprehensive request for a zoning variance, ensuring all necessary details and justifications are included to facilitate the approval process.

Write a Zoning Variance Request for a property owner

Ask a lawyer: Write a Zoning Variance Request for a property owner

Ask a lawyer:
Write a Zoning Variance Request for a property owner