A zoning variance is a legal exception granted by a local zoning board that allows a property owner to deviate from specific zoning rules or restrictions. It applies to the land itself—not the owner—and typically remains in effect after ownership changes. Variances address conflicts between strict code requirements (setbacks, height, lot coverage) and unique property conditions or practical hardships.
Municipalities grant variances to balance community objectives with individual property needs. Variances can:
Use variances permit activities not normally allowed in a zoning district—for example, operating a small retail shop in a residential zone. Because they alter a neighborhood’s character, use variances face stricter scrutiny and are harder to obtain than area variances.
Area variances address physical or dimensional requirements, such as:
Some jurisdictions offer short-term or staff-level variances for minor infringements. Administrative variances streamline approval for non-controversial requests, while temporary variances allow limited-time uses like pop-up retail or event tents.
Conditional Use Permits (CUPs) authorize approved uses under specific conditions without changing zoning text. Variances, by contrast, modify dimensional or use restrictions due to hardship or uniqueness.
Rezoning rewrites the zoning map or code for a general area and applies to all properties in that zone. A hardship (or special) variance targets a single parcel where strict compliance causes practical difficulties.
Special exceptions permit uses listed in the zoning code under defined criteria. Appeals challenge an administrative decision, while overlay districts add supplemental rules. Variances specifically waive existing requirements based on hardship findings.
Homeowners often seek setback or lot coverage variances to build an Accessory Dwelling Unit. Constraints like small lots or existing structures can create practical hardships.
Expanding a garage beyond lot coverage limits frequently requires an area variance, especially in older neighborhoods with tight zoning footprints.
Businesses adding larger signs or converting residential property to commercial use may need size or use variances to comply with district regulations.
Begin by reviewing municipal zoning ordinances and meeting with planning staff. Early feedback helps identify allowable requests and potential obstacles.
Compile application forms, site plans, surveys, hardship narratives and any engineering or architectural studies. Clear, accurate documentation underpins a persuasive case.
Pay required fees, notify adjacent property owners and post public hearing signs. Present your request at the zoning board meeting and be prepared to answer questions or propose mitigation measures.
You must show that strict enforcement causes undue hardship due to unusual property conditions (topography, shape, size). General personal inconvenience is not enough.
The variance should maintain the community’s spirit. Demonstrate that your proposal won’t undermine the intent of the zoning code or set an unwanted precedent.
Address concerns by showing minimal environmental, traffic or aesthetic impacts. Offer landscaping buffers, noise controls or design adjustments to win neighbor support.
Variance reviews can take anywhere from 30 to 90 days, depending on application complexity and local board schedules.
Early staff consultation, complete documentation and minimal public opposition accelerate approval. Incomplete packets or strong neighborhood pushback can lead to continuances or denials.
Fee schedules vary by city but typically range from a few hundred to several thousand dollars, depending on the variance type.
Expert assistance can cost $1,000–$5,000 or more for complex cases. Their testimony and designs strengthen your application.
Survey updates, traffic or environmental studies and certified mail notices to neighbors can add unexpected expenses to your budget.
Building without an approved variance can trigger fines, work stoppages and costly legal battles.
Unpermitted structures may be subject to removal orders, and ongoing projects can be suspended until compliance is achieved.
Noncompliant improvements can lower resale value, complicate refinancing and create title issues during property transfers.
No. Starting work without approval risks fines and mandatory removal. Always wait for final board action.
Visit your city or county planning department’s website for board meeting schedules, application packets and contact information for staff liaisons.
Insufficient hardship evidence, significant neighborhood opposition or requests that conflict with the zoning code’s intent are leading denial factors.
A variance applies only to a specific parcel based on hardship. A zoning amendment changes code provisions or map designations for broader areas.
Jane owns a small lot in Willow Springs with zoning setback requirements that leave little buildable space for an ADU.
A site survey reveals that a 5-foot variance is needed to meet both sideyard and rear-yard setbacks.
She consulted planning staff, hired an architect to prepare plans, notified neighbors and presented hardship evidence at the hearing, offering landscaping buffers to address concerns.
The board granted a reduced variance with conditions. Jane learned the value of early outreach, clear documentation and willingness to compromise.
Review your local zoning code, schedule a pre-application meeting with planning staff and assemble your documentation to begin the variance process.
