What is a Variance?

In general terms, a variance is the legal relaxation of the town's Zoning Regulations in a specific situation where an unusual or unique condition associated with a parcel of land makes it impossible to meet one or more requirements of the regulations.

This unusual or unique condition is referred to formally as a “hardship.” The hardship must be different in kind from those generally affecting properties within the same zoning district and must arise directly out of the application of the regulation to circumstances or conditions beyond the control of the applicant.

A variance is a legal status granted to a piece of property and not a personal exemption from the zoning regulations. It “runs with the land”, meaning it is enjoyed by subsequent owners of the property.


Please refer to Mass General Law (MGL) Chapter 40A, Section 10: https://malegislature.gov/laws/generallaws/parti/titlevii/chapter40a/section10

For further information refer as well to 4.9.2 of the Town of Spencer Zoning Bylaw: 
Should you have any difficulty with the Bylaw link, it can be found on the Planning Board’s page on the municipal website:www.spencerma.gov/planning-board/pages/spencer-zoning-bylaw
 

Please do not hesitate to reach out to the ODIS office with any questions.