Variance
A variance is an official permission granted by a local zoning board or municipality that allows a property owner to deviate from existing zoning regulations or building codes. This legal exception is typically granted when strict adherence to current regulations would create unnecessary hardship or when unique property characteristics justify the deviation.
Example
“The homeowner applied for a variance to build a deck that would extend two feet beyond the required setback from the property line.”
Memory Tip
Think 'vary-ance' - it lets you vary from the normal zoning rules.
Why It Matters
Variances can significantly impact property values and development potential, allowing owners to build or modify structures that wouldn't otherwise be permitted. Understanding variance requirements is crucial for buyers planning renovations or investors considering development projects.
Common Misconception
Many people believe that variances are automatically transferable to new owners, but some variances are actually tied to specific circumstances or individuals and may not convey with the property.
In Practice
A homeowner wants to build a garage that would be 3 feet closer to the property line than zoning allows, so they apply for a setback variance from the local zoning board. If approved, this variance would legally permit the construction despite violating the standard zoning requirements.
Etymology
From Latin 'variare' meaning 'to change,' reflecting how this permission allows a property owner to vary from standard zoning rules.
Common Misspellings
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