Zoning Variance
A zoning variance is official permission granted by a local zoning board or authority to deviate from specific requirements of the zoning ordinance for a particular property. Variances are typically granted when strict application of zoning rules would create unnecessary hardship due to unique physical characteristics of the land, such as unusual shape, topography, or size. There are two main types: use variances (allowing different activities) and area variances (modifying dimensional requirements like setbacks or height).
Example
“The homeowner applied for a zoning variance to build a home office that exceeded the height restrictions in their residential neighborhood.”
Memory Tip
A variance lets you 'vary' from the normal rules - think of it as getting permission to be different from the standard zoning requirements.
Why It Matters
Obtaining a variance can unlock significant value in your property by allowing uses or improvements that wouldn't otherwise be permitted, potentially increasing both functionality and market value. However, the variance process can be time-consuming and expensive, with no guarantee of approval.
Common Misconception
Many property owners believe they can easily get a variance just by asking, but approval actually requires demonstrating genuine hardship and proving the variance won't negatively impact the neighborhood.
In Practice
A homeowner with an unusually narrow lot might seek a variance to build closer to the property line than normally allowed, or someone wanting to convert a single-family home into a duplex in a residential zone would need a use variance. The application typically involves submitting detailed plans, paying fees, attending public hearings, and getting approval from neighbors or the community.
Etymology
The term 'variance' comes from Latin 'variare' meaning 'to change' or 'differ,' representing a change from the standard zoning rules.
Common Misspellings
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