A variance is a local government’s official exception that lets a property owner legally deviate from a specific zoning rule (like a setback, height limit, or permitted use) without changing the zoning code itself.
Zoning codes are written to achieve consistent land‑use goals—safety, light and air, traffic, neighborhood character—but no code fits every lot or situation. Variances provide controlled flexibility for genuinely unique circumstances so owners aren’t punished by an otherwise reasonable rule when strict compliance would create an unfair or impractical outcome.
Use a variance when the problem is site‑specific (odd lot shape, topography, or a narrow hardship) and you need relief from a dimensional rule or an unusual use. Don’t seek a variance when the change sought would alter the zoning scheme broadly, when the issue can be fixed by redesign, or when a more permanent legislative fix (rezoning or code amendment) is appropriate.
Area variances cover deviations from physical standards: setbacks (how far structures must be from property lines), maximum building height, maximum lot coverage, minimum lot size, and other dimensional rules. They’re the most common variance type and usually less difficult to obtain than use variances.
Use variances allow a use that the zoning district doesn’t permit (for example, converting a single‑family lot to a small business). Because use variances change what activities are allowed on land, jurisdictions often set a higher legal bar to protect the comprehensive zoning plan.
Municipalities may offer: temporary variances (short‑term relief for a seasonal use or construction), administrative variances (minor adjustments handled by staff), parking variances (reduced required parking), and sign variances (larger or differently located signs than rules allow).
Rezoning changes the municipal zoning map or text and applies broadly and permanently; a variance is a site‑specific exception that typically applies only to one property and does not alter the code. Rezoning is the right move when the change should be permanent and uniform; variance is for unique, narrow situations.
Conditional use permits (or special exceptions) authorize uses that the code allows subject to conditions and review; they don’t waive code standards. Variances waive or modify a specific standard. Conditional uses are anticipated by the code and processed under set criteria; variances are relief from the code itself.
Nonconforming uses are legally established uses or structures that predate current zoning and are allowed to continue under “grandfather” rules; they are not variances. A variance is affirmative relief granted after the fact or pre‑build to allow something that would otherwise be illegal under current rules.
Choose a variance when the issue is unique to the parcel, the intended use is narrow, and a code amendment or rezoning would be disproportionate or unlikely. Consider other tools if the change should be generalized, if many neighbors will be affected, or if you want a more permanent solution.
Most variance requests go to a Zoning Board of Appeals (ZBA) or a similar board of adjustment. Some minor or administrative variances are handled by the zoning administrator or planning director. Planning commissions rarely grant variances but may advise.
Neighbors often receive mailed notices and the hearing is public. Neighbor support can make approval more likely; strong, organized opposition can block or limit relief. Boards weigh both written materials and testimony in reaching factual findings.
Decisions can typically be appealed administratively first and then to a court. Courts review whether the board made the required legal findings and followed procedures; they generally defer to local boards on factual determinations but can reverse for legal error or arbitrary decisions.
Typical criteria for an area variance include: (1) the applicant demonstrates a practical difficulty or hardship created by unique site conditions, not personal circumstances; (2) the requested relief is the minimum necessary; (3) granting won’t alter the essential character of the neighborhood; and (4) the hardship wasn’t self‑created.
Use variances often require proof of unnecessary hardship—meaning the owner cannot make reasonable, productive use of the property under current zoning—and that granting the variance won’t harm the public interest, health, safety, or welfare. The burden is higher than for area variances.
Boards expect factual evidence: surveys, site plans, photos, topographic data, traffic or parking studies (if relevant), economic or feasibility statements, and testimony showing uniqueness and minimal impact. Boards articulate findings that link the evidence to the legal criteria.
Boards balance private hardship against community impacts. Vocal neighbor opposition can persuade a board to deny or impose stricter conditions. Conversely, showing public benefit—such as improved safety, accessibility, or neighborhood enhancement—can support approval.
Typical timelines run from 6 to 12 weeks for straightforward administrative variances to 3–6 months for contested or complex cases. Factors that lengthen the process include required surveys, need for environmental or traffic studies, multiple hearings, notification periods, and appeals.
Municipal application fees commonly range from $100–$1,500 depending on jurisdiction and variance type. Professional costs vary: a basic survey or plan $500–$2,500; engineers/planners $500–$3,000; attorney representation $1,000–$5,000+ for contested hearings. Complex projects can be significantly higher.
Approvals often carry conditions—landscaping, screening, reduced hours of operation, off‑site parking, curb cuts, or mitigation measures—that add construction or maintenance costs. Factor these into project budgets when deciding whether to apply.
Most municipalities have an application form with a checklist: property owner info, legal description, plans, a statement of hardship, mailing list for notices, fee, and signatures. Start with the local checklist to avoid delays.
Essential documents include a certified survey or site plan showing dimensions and proposed changes, photographs of the existing condition, elevation drawings for height changes, and any supporting studies (traffic, parking, drainage) or affidavits from professionals or neighbors.
Assemble a packet that opens with a one‑page summary of the relief sought and how you meet each legal criterion, followed by plans, photos, and brief expert memos. Keep materials factual, organized, and easy for board members to follow during a short hearing.
A granted variance can increase value by enabling additional space or uses, but it may also raise buyer hesitation if the variance is conditioned, temporary, or perceived as risky. Clear documentation of the variance and its conditions improves marketability.
Lenders and insurers review land‑use compliance. A recorded variance typically clears a path to financing, but some lenders prefer properties fully conforming to zoning; private mortgage insurers may require additional underwriting. Insurers may seek details about conditions and potential liabilities tied to the variance.
Many variances “run with the land” and transfer to new owners if recorded and not limited to the original grantee. Others are conditional or time‑limited—review the approval language. Always check municipal code and recorded documents for transfer and expiration rules.
Building or using a property without required relief risks stop‑work orders, fines, denial of permits, mandatory removal, and difficulty selling or refinancing. Always secure the necessary approvals before construction or occupancy changes.
Approval is more likely when: the hardship arises from objective, physical conditions; the requested relief is the minimum necessary; neighbors are supportive or neutral; the proposal includes mitigation measures; and the applicant presents clear, organized evidence.
Boards commonly impose conditions: time limits, landscaping or screening, limits on expansion, hours of operation, parking requirements, and recorded deed restrictions to preserve neighborhood character.
Denials occur when the board finds no unique hardship, the variance is excessive, neighborhood impact is unacceptable, or the request is self‑created. After denial, options include revising and reapplying, seeking a different type of relief (rezoning, CUP), or appealing the decision in court.
Hire a surveyor or engineer for accurate site plans. Use a planner or land‑use consultant for strategy and testimony. Retain an attorney when legal standards are complex, neighbors are likely to oppose, or you anticipate appeals. For simple, uncontested applications, professional help may be limited to a survey and a consultation.
Ask consultants to: identify the legal criteria and likely hurdles; prepare concise exhibits; estimate time and fees; and coach testimony. Budget for an initial feasibility review ($300–$1,000), survey/plan ($500–$2,500), and expert testimony ($500–$3,000) depending on complexity.
Be concise, stick to facts tied to the legal criteria, bring a one‑page talking points sheet, anticipate neighbor questions, present mitigation plans, and avoid appearing to seek a preferential result. Professional, visual exhibits help the board understand impacts quickly.
Often small redesigns—shifting a foundation, reducing footprint, losing an attic room—solve the problem without a variance and are faster and cheaper.
If the change should apply more broadly or be permanent, pursue rezoning. It’s longer and political but changes the baseline for all properties in the district.
Where the code anticipates certain uses under conditions, a conditional use permit may achieve your goals without a variance. Administrative relief can resolve minor dimensional conflicts more quickly.
For systemic problems (outdated rules or widespread hardship), a code amendment initiated by the property owner, neighborhood association, or council can be effective but requires coalition building and time.
Visit your city or county planning department website and search for “zoning code,” “zoning map,” or “zoning ordinance.” Most jurisdictions publish PDF codes, interactive maps, and application packets online.
Call the planning or zoning staff and ask: Is a variance required for my project? What application form and fee apply? What are the filing deadlines and hearing dates? What materials does the packet require? Ask for an informal pre‑application meeting.
Find your parcel on the zoning map, note the zoning district (e.g., R‑1, C‑2), then read that district’s permitted uses and dimensional standards in the code. Cross‑reference overlay districts, historic districts, or special plans that may add rules.
Maria owns a 40‑foot by 100‑foot corner lot in a single‑family zone. She wants a second‑story addition that would reduce the required 10‑foot rear setback to 6 feet.
They met planning staff (pre‑app), ordered a property survey, worked with an architect to show a design minimizing intrusion, and obtained neighbor letters of support from two adjacent homeowners.
Maria submitted: a one‑page criteria memo showing unique hardship (small lot and existing utilities), certified site plan, elevations, photos showing neighboring structures already encroach into similar setbacks, and a landscaping mitigation plan.
The ZBA approved the area variance 4–1, finding a unique condition and minimal necessary relief. Conditions: planting a 6‑foot evergreen screen along the rear, no further expansion into the setback, and recording a notice on the deed. Lesson: early staff contact, neighbor outreach, and a concise packet helped secure approval with reasonable conditions.
An official, site‑specific exemption from a zoning requirement granted by a local board so a property can deviate legally from the code.
Area variances change dimensional standards (setbacks, height); use variances allow a land use not permitted in the zoning district.
Usually a Zoning Board of Appeals or zoning administrator. Straightforward cases: weeks to a few months; contested or complex cases: several months.
Municipal fees often $100–$1,500. Expect additional consultant costs: surveys, plans, and legal or expert fees—commonly $1,000–$10,000 depending on complexity.
Neighbors can testify against an application and can appeal a board decision if they believe legal error occurred. Strong opposition can influence outcomes.
Many variances run with the land and transfer to new owners if recorded; some are limited to the original applicant. Check the approval language and recorded documents.
Not always. Simple area variances can succeed with a survey and good presentation. Use an attorney or planner if the case is legally complex, likely contested, or has significant financial stakes.
Contact your planning department for a pre‑application meeting, review the municipal checklist, order a property survey, and prepare a one‑page summary explaining why relief is needed.
Confirm whether existing or proposed improvements require a variance, determine whether prior variances exist and are recorded, factor in the time and professional costs of obtaining relief, and evaluate lender/insurer comfort with nonconforming conditions.
