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Write a Zoning Variance Request for a property owner

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.

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