A variance in real estate is permission to build in violation of a zoning requirement. A variance allows property owners to build in a way that does not follow the zoning laws.
Put simply, variances are a legal way to avoid following regulations when it’s a real hardship to abide by them.
In this guide, we’ll discuss what variances are, when you will need them, what types of permits are available, how to apply, and how to get your variance request approved.
I have helped many property owners through the variance process, and I am here to help make the process simple and straightforward.
Understanding Variances and Why They Matter
A variance is official permission to deviate from your local zoning regulations. It’s a carefully granted exception when following the exact zoning code would create unreasonable difficulty for your property.
Here’s the key difference: a variance doesn’t change the zoning law itself. That’s what rezoning does. A variance only applies to your specific property.
Zoning boards grant variances when strict enforcement would be unjust. Maybe your lot has an odd shape or steep slope. You must prove your situation is unique and show the variance won’t harm the neighborhood.
Property owners seek variances for practical reasons. Setback requirements are common issues. Building height restrictions and lot coverage rules also create problems. Variances maintain balance between zoning laws and reasonable flexibility for genuine hardships.
Types of Variances
Not all variances are the same, and knowing which type you need can save you time and headaches.
Area Variance
An area variance grants relief from physical or spatial requirements in the zoning code. These are the most common types. Think dimensional rules like setback distances, building height, lot size, and lot coverage percentage.
Your zoning requires a 20 foot side yard setback, but your narrow lot only allows 15 feet. That’s an area variance request.
Area variances are generally easier to obtain. They just adjust physical dimensions without changing how the property is used.
Use Variance
A use variance allows you to use your property in a way not permitted under current zoning. These are much harder to get.
Imagine you own a house in a residential zone and want to operate a small photography studio. The zoning code says no commercial activity. You’d need a use variance.
The standards are stricter here. You must prove that you can’t earn a reasonable return using the property as zoned. You also must demonstrate that granting the variance won’t alter the essential character of the neighborhood. Many jurisdictions are very reluctant to grant use variances.
How to Apply for a Variance
Getting a variance takes patience and preparation, but following these steps will put you on the right track.
Step 1: Review Local Zoning Laws
Start by understanding exactly what rules apply to your property. Visit your city or county planning department. Ask for a copy of the zoning ordinance and the zoning map.
Find your property on the map. Note which zone you’re in. Then read the regulations for that zone. Pay attention to setbacks, height limits, lot coverage, and use restrictions.
Identify the specific regulation causing your problem. Write down the exact code section. Be precise. Vague applications get denied.
Step 2: Prepare a Variance Application
Your application is your first impression. Make it count.
Include basic property information. Address, parcel number, and legal description. State the zoning district clearly.
Describe your proposed project in detail. What do you want to build or do? Include measurements, dimensions, and materials where relevant.
Explain which specific zoning rule you need relief from. State the current requirement and what you’re proposing instead.
This is critical: explain why you need the variance. Detail the hardship. Show why strict compliance is unreasonable for your unique situation.
Provide supporting evidence. Photos of the property. Survey maps. Architectural drawings. Letters from engineers if terrain is an issue. The more documentation, the better.
Show that your request is minimal. Ask for the smallest variance that solves your problem. Requesting a 2 foot setback reduction is easier than requesting 10 feet.
Demonstrate that you won’t harm the neighborhood. Explain how your project fits the area’s character.
Step 3: Submit to the Zoning Board
File your completed application with the appropriate body. This is usually the zoning board of appeals or planning commission.
Pay the application fee. Fees vary widely by location. Expect anywhere from 100 to 1000 dollars or more.
The board will schedule a public hearing. This typically happens within 30 to 60 days of filing. You’ll receive a written notice of the date.
Your neighbors will be notified too. The city usually sends notices to property owners within a certain distance. Sometimes they also post a sign on your property announcing the hearing.
Step 4: Attend the Public Hearing
The public hearing is where your case gets decided. Show up prepared.
You’ll present your case to the board. Explain your project clearly. Walk through your hardship. Show your documentation.
Neighbors can speak for or against your request. Listen respectfully. Take notes on their concerns.
The board members will ask questions. Answer honestly and directly. Don’t exaggerate or minimize issues.
Bring visual aids if helpful. Photos, drawings, and site plans help board members understand your situation.
Consider bringing an attorney or land use consultant. Their experience can be valuable, especially for complex requests.
Step 5: Await Approval or Denial
The board might decide at the hearing. More often, they’ll deliberate and issue a written decision later.
If approved, you’ll receive a written variance with conditions. Read it carefully. Follow every condition exactly. Variances often have expiration dates for starting construction.
Approval isn’t automatic permission to build. You still need building permits and must meet all other regulations.
If denied, the decision letter should explain why. This information is valuable if you appeal or reapply with modifications.
What Happens If a Variance Is Denied?
Denial stings, but it’s not always the end.
Common reasons include insufficient proof of hardship, strong community opposition, or requesting a variance that’s too large. Review the decision carefully to understand exactly why you were denied.
You have options. Consider appealing to a higher authority within 30 days. You might modify your proposal and reapply with a scaled back request.
Alternative approaches exist too. Could you redesign to comply without a variance? Look into rezoning if appropriate, or consider requesting a different type of relief like a conditional use permit.
Pros and Cons of Seeking a Variance
Before you start the variance process, weigh these benefits and drawbacks to make an informed decision.
| Pros | Cons |
| Greater design flexibility tops the list. You can build what actually works for your property instead of forcing an awkward design. | The process takes time. From application to decision often spans two to four months. Complex cases can take longer. |
| Property value often increases. A well designed addition or new structure that requires a variance can boost your home’s worth significantly. | Costs add up quickly. Application fees, attorney fees, surveyor costs, and engineering reports can total several thousand dollars. |
| Irregular lots become usable. Without variances, some oddly shaped properties would be nearly impossible to develop. Variances make their potential accessible. | Denial is always possible. You might invest time and money only to get rejected. Then you’re back to square one. |
| Neighborhood relationships can suffer. If neighbors oppose your variance, tensions may develop. Even if you win approval, hard feelings might linger. |
Tips for a Successful Variance Application
Smart preparation can mean the difference between approval and denial at your hearing.
- Work with experienced professionals. An experienced land use attorney or planner understands what your zoning board looks for and can frame your case effectively.
- Prepare thorough documentation. Include professional surveys, architectural drawings, photos, and expert reports. Visual materials help board members understand your situation and make or break applications.
- Engage your neighbors early. Talk to neighbors before filing. Explain your plans and listen to concerns. Simple design tweaks can eliminate objections, and arriving at the hearing with neighbor support is powerful.
- Research local patterns and keep requests minimal. Study past variance decisions in your area to understand what the board approves. Ask for the smallest variance that solves your problem, as modest requests face less scrutiny.
- Be honest and show community benefit. Boards respect candor, so don’t hide problems. Frame your variance as compatible with community values and show how your project might improve the neighborhood.
Conclusion
Understanding what is a variance in real estate can truly transform how you view property potential. I’ve seen firsthand how this process opens doors that seemed closed.
If you think you might apply for a variance, the time you spend today is the time you save tomorrow, and your local zoning office is your friend. Have you dealt with variances?
Tell us about it in the comments! Your review could be just what someone else needs to hear at this moment.
Frequently Asked Questions
How long does it take to get a variance approved?
The typical timeline runs two to four months from application to decision. Complex cases or appeals can extend this significantly.
Can I sell my property if a variance is pending?
Yes, you can sell property with a pending variance application. The new owner would benefit from any granted variance but also inherit the uncertainty if it’s still pending.
Do variances expire if I don’t use them?
Most variances include a time limit for beginning construction, typically one to three years. If you don’t start work within that window, the variance becomes void.
How much does applying for a variance typically cost?
Application fees range from 100 to over 1000 dollars. Total costs including surveys, drawings, legal fees, and consulting services often reach 3000 to 10000 dollars or more.
Will a variance transfer to a new property owner?
Yes, approved variances run with the land. When you sell your property, the variance transfers to the new owner and remains in effect according to its terms.
