What if your project does not comply with all local ordinances?

A process for appeal is used if a project is not in compliance with a particular local ordinance. It is likely that a jurisdiction will have appointed a zoning board of appeals to hear such cases and grant variances. The criteria for granting a variance are established by state law and typically revolve around the following attributes:

• Undue hardship as a result of the unique characteristics of the property; for example, the narrowness of the lot size and the hardship has not been caused by the appellant.
• Physical conditions of the property prevent reasonable use of the property.
• Variance will not affect the essential character of the neighborhood and will not pose a danger to the public welfare.
• Variance is the minimum that can be done to afford relief and represents the least modification of the local law.
• Check with your zoning official regarding the timeline prescribed for taking a project through the appeals process.

After taking high-level feasibility considerations into account and identifying general needs and goals for the project, you can begin to take the next step in defining your project. With no major roadblocks affecting the overall feasibility of the project, you can lay out more specific characteristics of the project. During the scoping phase, you will identify any constraints or prerequisites that may dictate aspects of the design of the building(s). Examples of constraints may be the size and shape of the lot, the anticipated occupancy, the need for accessibility features or elevators, or required architectural features if these constraints have been put in place at the local level. Some scoping considerations that apply to nearly every project are discussed in the following section.