What is a Variance? Zoning Definition

How Variances Work

A variance allows a property owner to do something that the zoning code would otherwise prohibit -- such as building closer to a property line than the setback allows or exceeding a height limit. To obtain a variance, you must apply to the local zoning board (often called the Board of Zoning Appeals or Board of Adjustment) and demonstrate that applying the rule strictly to your property would create an unnecessary hardship due to unique physical characteristics of the land, such as an unusual shape, steep slope, or wetland.

What Property Buyers Should Know

If you are buying a property that already has a variance, understand what it permits and whether it runs with the land (most do). If you are planning to buy a property and need a variance for your intended use, know that approval is not guaranteed. The process typically involves a public hearing, and neighbors can object. You generally cannot get a variance simply because compliance would be expensive -- the hardship must relate to the land itself, not your financial situation.

Types of Variances

• Area variances (also called dimensional variances) involve deviations from setbacks, height limits, lot size, parking requirements, or similar physical standards. These are the most common type.
• Use variances allow a use that is not permitted in the zoning district. These are much harder to obtain and are not available in all states.
• Variances are typically recorded against the property, so future owners benefit from them as well.
• Denial of a variance can sometimes be appealed to a court, but courts generally defer to the zoning board's judgment.