Zoning Variance
Definition and meaning of Zoning Variance in real estate.
A zoning variance is a legally authorized deviation from local zoning ordinances that allows a property owner to use their land in a way that is otherwise prohibited by local development codes. It is typically granted when strict enforcement of the existing rules would cause undue physical or financial hardship due to unique property characteristics.
In more detail
To obtain a variance, the property owner must show that the land has unique physical constraints, such as an odd shape or steep topography, that make complying with the standard rules unreasonable. Municipalities typically require a public hearing where neighbors can voice concerns before a local zoning board votes on the request.
Variances run with the land, meaning the deviation remains valid for future owners if the property is sold. They are distinct from rezoning, which changes the zoning classification for an entire area rather than granting a one-time exception for a single parcel.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Granted by | Local zoning board of adjustment |
| Key requirement | Proof of unique hardship not caused by the owner |
| Applies to | The property itself and transfers to subsequent owners |
An investor buys a narrow corner lot and secures an area variance from the local zoning board to build a home closer to the property line than the standard setback rules permit.
Frequently asked questions
What is the difference between a zoning variance and a special use permit?
A variance permits a deviation from existing rules due to a physical hardship, whereas a special use permit allows a use that is pre-authorized by the zoning ordinance under specific, pre-determined conditions.
Is it difficult to get a zoning variance approved?
Yes, zoning boards approve variances under strict criteria, and applicants must prove that the local rules create an exceptional hardship rather than a mere inconvenience.
Can neighbors object to my zoning variance request?
Yes, local zoning boards notify nearby property owners of the public hearing, giving neighbors the opportunity to attend and argue against granting the variance.