Zoning Variance

A discretionary approval that allows a property owner to deviate from specific zoning requirements — such as setbacks, height limits, or lot coverage — when strict compliance would cause undue hardship.

What is a Zoning Variance?

A zoning variance is a form of relief granted by a local zoning board or planning commission that permits a property owner to use or develop their land in a way that deviates from the literal requirements of the zoning ordinance. Variances are typically sought when the physical characteristics of a lot — such as unusual shape, topography, or size — make strict compliance impractical or impossible.

Types of Variances

There are two primary types. An area variance (also called a dimensional variance) allows deviation from physical standards like setbacks, height limits, lot coverage, or parking counts. A use variance allows a property to be used for a purpose not otherwise permitted in the zoning district — for example, operating a small commercial business in a residential zone. Use variances are significantly harder to obtain and are not allowed in all jurisdictions.

The Hardship Standard

To receive a variance, an applicant generally must demonstrate that the strict application of the zoning code would create an unnecessary hardship specific to the property, that the variance would not alter the essential character of the neighborhood, and that the hardship was not self-created. This is a higher bar than simple inconvenience — the applicant must show that the property cannot yield a reasonable return without the variance.

Variances in the Development Process

The variance process typically involves filing an application with the local board of zoning appeals, public notice to neighboring property owners, and a public hearing. Timelines vary widely — from a few weeks in smaller jurisdictions to several months in major cities. For developers, the need for a variance introduces uncertainty and potential delay into a project timeline.