Variance: An official exception to a zoning regulation, granted by a local zoning board or board of adjustment, allowing a property owner to use land or build a structure in a way that does not strictly conform to the applicable zoning requirements.
When a Variance Is Needed
Variances are needed when a proposed project cannot comply with the zoning ordinance as written. Common reasons include: the lot is unusually shaped or small and strict setback compliance would make building impossible, a structure needs to exceed the height limit due to topography, or a nonconforming use needs to be expanded. Variances are not routinely granted — they require a showing of genuine hardship.
Area Variances vs. Use Variances
An area variance (the most common type) allows deviation from a dimensional requirement — a setback, height limit, lot coverage rule, or similar standard. A use variance allows a use that is not permitted in the zoning district — for example, operating a commercial business in a residential zone. Use variances are much harder to obtain and are denied outright in many jurisdictions.
The Variance Process
Applying for a variance involves submitting an application to the local zoning board of appeals or board of adjustment, paying an application fee, notifying adjacent property owners, and attending a public hearing. At the hearing, you must demonstrate hardship — typically that strict compliance with the ordinance would cause unnecessary hardship unique to your property, not merely inconvenience. Neighbors have the opportunity to support or oppose your application.
Variance Approval Criteria
Most jurisdictions evaluate variance requests against a multi-factor test that considers: whether strict compliance would cause unique hardship (not self-created), whether the variance is the minimum necessary, whether the variance would harm neighboring properties or the public interest, and whether the spirit of the zoning ordinance is preserved. Approval is not guaranteed — denial rates vary widely by jurisdiction.