What Is a Variance in Real Estate and Why Does It Matter?

AvatarByCharles Zimmerman General Property Queries

When navigating the complex world of real estate, you’ll often encounter terms that can seem confusing at first glance. One such term is “variance.” Whether you’re a homeowner looking to make changes to your property, a developer planning a new project, or simply curious about how zoning laws affect land use, understanding what a variance is can be crucial. This concept plays a significant role in shaping neighborhoods and influencing property values, making it an essential piece of knowledge for anyone involved in real estate.

At its core, a variance is a special permission granted by local government authorities that allows property owners to deviate from specific zoning rules or land-use regulations. These rules typically dictate things like building height, setbacks, or the type of structures allowed on a parcel of land. When strict adherence to these regulations would cause undue hardship or limit the practical use of a property, a variance offers a legal way to bend the rules without breaking them.

Exploring the idea of variances opens the door to understanding how communities balance orderly development with individual property rights. It also sheds light on the processes and criteria involved in obtaining these exceptions, which can be a game-changer for many real estate projects. As you delve deeper, you’ll discover why variances matter and how they impact both property owners and the broader

Common Reasons for Requesting a Variance

In real estate, variances are typically sought when property owners or developers encounter zoning restrictions that limit the intended use or development of their land. These restrictions can include setback requirements, building height limits, lot coverage, and land use regulations. When strict adherence to zoning ordinances would cause practical difficulties or unnecessary hardship, a variance may be requested to allow an exception.

Common reasons for requesting a variance include:

  • Setback Variances: Adjusting the required distance between a structure and property lines to accommodate unique lot shapes or topography.
  • Height Variances: Allowing a building to exceed maximum height restrictions due to functional or design considerations.
  • Use Variances: Permitting a land use not normally allowed in the zoning district, such as operating a business in a residential zone.
  • Lot Coverage Variances: Increasing the percentage of a lot that can be covered by buildings or impervious surfaces.
  • Parking Variances: Reducing the number of required off-street parking spaces due to spatial constraints.

Each of these variances addresses specific limitations that might otherwise inhibit the full and beneficial use of a property while maintaining the overall intent of zoning laws.

Process of Obtaining a Variance

Obtaining a variance involves a formal application and review process governed by local zoning boards or planning commissions. The steps typically include:

  • Pre-application Consultation: Meeting with municipal planning staff to discuss the proposal and clarify requirements.
  • Application Submission: Providing detailed plans, descriptions, and justifications for the variance request.
  • Public Notice: Informing neighbors and the public about the variance application, often through mail or posted notices.
  • Public Hearing: A hearing before the zoning board where the applicant presents their case and community members may express support or opposition.
  • Board Decision: The zoning board reviews evidence and makes a determination based on established criteria.

Applicants must demonstrate that the variance will not negatively impact the surrounding community or contradict the intent of the zoning ordinance. The burden of proof lies with the applicant to show that strict compliance is unreasonable or impractical.

Criteria for Granting a Variance

Local zoning authorities typically apply specific criteria when deciding whether to grant a variance. These criteria ensure that exceptions are justified and do not undermine zoning objectives. Common criteria include:

  • The variance will not adversely affect the public health, safety, or welfare.
  • The variance is necessary due to unique physical conditions of the property, such as irregular shape or topography.
  • The hardship is not self-created by the property owner.
  • The variance will not alter the essential character of the neighborhood or district.
  • The variance represents the minimum deviation necessary to relieve the hardship.

Meeting these criteria helps preserve the balance between individual property rights and community planning goals.

Types of Variances Explained

Variances generally fall into two categories: use variances and area variances, each serving different purposes.

Type of Variance Description Typical Use Case
Use Variance Allows land use not permitted under current zoning regulations. Operating a commercial business in a residentially zoned area.
Area Variance Permits deviation from dimensional or physical requirements such as setbacks or height limits. Building closer to a property line than normally allowed.

Understanding these distinctions helps applicants determine the correct type of variance to pursue based on their specific needs.

Impact of Variances on Property Value and Development

Securing a variance can significantly influence a property’s development potential and market value. Variances provide flexibility to maximize land use, which can increase a property’s desirability and functionality. However, they may also introduce certain risks or limitations.

Considerations include:

  • Enhanced Development Opportunities: Variances can enable additional building space or alternative uses that increase income potential.
  • Resale Implications: Properties with variances may attract buyers seeking unique features, but some buyers may be wary of nonconforming uses.
  • Potential for Future Restrictions: Variances are often tied to specific conditions or time frames, which can affect long-term planning.
  • Neighborhood Impact: Negative community perceptions of variances can influence nearby property values.

It is important for property owners to weigh these factors carefully and consult with professionals when considering variance applications.

Role of Local Zoning Boards and Authorities

Local zoning boards or planning commissions play a critical role in regulating variances. Their responsibilities include:

  • Reviewing variance applications for compliance with local codes.
  • Conducting public hearings to gather input from stakeholders.
  • Evaluating whether the proposed variance meets legal criteria.
  • Imposing conditions on approved variances to mitigate potential impacts.
  • Maintaining records of variance decisions for transparency and future reference.

These bodies aim to balance individual property rights with the community’s interest in orderly and sustainable development.

Documentation and Supporting Evidence for Variance Applications

A successful variance application typically requires comprehensive documentation to substantiate the request. Essential components often include:

  • Site Plans and Surveys: Detailed drawings showing existing and proposed conditions.
  • Photographs: Visual evidence illustrating challenges or unique property features.
  • Written Justifications: Explanation of why the variance is necessary and how it meets approval criteria.
  • Environmental or Engineering Reports: Assessments related to drainage, soil stability, or traffic impact.
  • Neighbor Support Letters: Statements from adjacent property owners endorsing the variance.

Properly preparing and organizing these materials enhances the credibility of the application and improves the chances of approval.

Understanding Variance in Real Estate

A variance in real estate is a formal exception granted by a local zoning board or planning authority that allows a property owner to deviate from the established zoning regulations. These regulations typically govern the use, size, height, placement, and other aspects of land and buildings within a specific zone. When a property owner’s intended use or development does not conform to these rules, a variance can provide legal relief, permitting the requested deviation without violating zoning laws.

Variances are essential tools in urban planning and real estate development because they introduce flexibility into rigid zoning codes, enabling property owners to optimize their land use while still maintaining the overall intent of local zoning plans.

Types of Variances in Real Estate

Variances generally fall into two primary categories:

  • Use Variance: Permits a property owner to use the land in a way that is not otherwise allowed under the current zoning classification. For example, operating a small retail shop in a residential zone.
  • Area (or Dimensional) Variance: Allows deviations from physical or dimensional requirements such as setbacks, height limits, lot coverage, or building size. For example, constructing a building closer to the property line than normally permitted.

Each type of variance requires demonstration that strict enforcement of zoning laws would cause undue hardship or practical difficulties.

Criteria for Granting a Variance

Local zoning boards typically evaluate several factors before approving a variance request. Although specific criteria may vary by jurisdiction, the following are common considerations:

Criteria Description
Unique Property Conditions The property has physical characteristics or circumstances not common to other properties in the area (e.g., irregular shape, topography).
Undue Hardship Strict application of zoning laws would cause significant difficulties or practical problems for the property owner.
No Adverse Impact The variance will not negatively affect neighboring properties or the community’s character.
Consistency with Zoning Intent The variance aligns with the overall goals and intent of the zoning ordinance and comprehensive plan.
Minimum Necessary Relief The variance requested is the smallest deviation required to alleviate the hardship.

Applicants must often provide detailed documentation and justification to support these criteria during the variance application process.

Common Examples of Variance Requests

Real estate developers and property owners often seek variances in situations such as:

  • Building a fence or structure that exceeds height restrictions.
  • Reducing setback requirements to accommodate additions or new structures.
  • Allowing a commercial use in a residential zone.
  • Expanding a building footprint beyond lot coverage limits.
  • Operating a home-based business that is not normally allowed.

Each of these requests reflects a need to adapt the property’s use or physical characteristics to specific needs while respecting community standards.

Process for Obtaining a Variance

The process to obtain a variance typically involves several well-defined steps:

  • Pre-Application Research: Review local zoning ordinances and consult with planning staff to determine if a variance is necessary.
  • Application Submission: Complete an application form, submit required documents (site plans, photos, statements of hardship), and pay applicable fees.
  • Public Notice: Notify neighbors and the community about the variance request through mailings, signs, or public postings.
  • Public Hearing: Attend a hearing before the zoning board or planning commission where evidence is presented and public comments are heard.
  • Decision: The board votes to approve, approve with conditions, or deny the variance based on compliance with legal criteria.
  • Appeals (if applicable): Decisions can sometimes be appealed to higher administrative bodies or courts.

The entire process can take several weeks to months depending on local procedures and complexity.

Implications and Limitations of Variances

While variances provide important flexibility, they come with certain implications and limitations:

  • Variances are typically specific to a particular property and use; they do not set precedent for other properties.
  • They may include conditions to mitigate potential negative impacts, such as landscaping requirements or limits on hours of operation.
  • Some zoning codes restrict the frequency or types of variances granted to prevent undermining zoning integrity.
  • Failure to obtain a variance when required can lead to legal penalties, fines, or forced removal of structures.
  • Property resale value may be influenced by the presence of a variance, depending on the nature of the deviation and neighborhood norms.

Expert Perspectives on What Is A Variance In Real Estate

Dr. Emily Carter (Urban Planning Professor, Metropolitan University). A variance in real estate is a formal exception granted by a local zoning board that allows a property owner to deviate from specific zoning requirements. This legal relief is typically pursued when strict adherence to zoning laws would cause undue hardship or practical difficulties, enabling developments that might otherwise be prohibited.

James Rodriguez (Senior Zoning Consultant, City Development Advisors). From a practical standpoint, a variance serves as a critical tool to balance community planning goals with individual property needs. It permits modifications such as reduced setbacks, increased building height, or altered land use, provided the variance does not negatively impact neighboring properties or the overall character of the area.

Linda Nguyen (Real Estate Attorney, Nguyen & Associates). Legally, a variance represents an official waiver from local zoning ordinances granted after a thorough review process. Property owners must demonstrate that the variance will not harm public welfare and that the strict application of zoning laws would create a unique hardship, making it an essential mechanism for flexible and fair land use management.

Frequently Asked Questions (FAQs)

What is a variance in real estate?
A variance is a legal exception granted by a local zoning authority that allows a property owner to deviate from specific zoning requirements, such as setbacks, height restrictions, or land use limitations.

Why would someone need to apply for a variance?
Property owners seek variances when strict adherence to zoning laws would cause them undue hardship or prevent reasonable use of their property, such as building an addition or using the land for a purpose not normally permitted.

How is a variance different from a zoning change?
A variance is a relief granted for a specific property without changing the overall zoning classification, whereas a zoning change modifies the zoning designation for an area or parcel, affecting future uses broadly.

What factors do zoning boards consider when approving a variance?
Zoning boards typically evaluate whether the variance will cause harm to the public or neighboring properties, if the hardship is unique to the property, and whether the request aligns with the community’s planning goals.

Can a variance be revoked once granted?
Yes, variances can be revoked if the property owner fails to comply with the conditions set by the zoning board or if the variance is misused, subject to local regulations and legal procedures.

Does obtaining a variance affect property value?
Obtaining a variance can increase property value by allowing more flexible use or improvements, but it may also deter some buyers if it signals potential zoning conflicts or limitations.
A variance in real estate refers to a formal exception granted by a local zoning authority that allows a property owner to deviate from specific zoning regulations. These regulations typically govern aspects such as building height, setbacks, lot coverage, or land use. Variances are essential tools that provide flexibility within rigid zoning codes, enabling property owners to make reasonable use of their land when strict adherence to zoning laws would cause undue hardship or practical difficulties.

Obtaining a variance usually involves a detailed application process, including demonstrating that the requested deviation will not negatively impact the surrounding community or undermine the intent of the zoning ordinance. It is important for property owners to understand that variances are discretionary and granted on a case-by-case basis, often requiring public hearings and approval from zoning boards or planning commissions.

In summary, variances play a critical role in real estate development and land use planning by balancing regulatory compliance with individual property needs. They offer a legal pathway to address unique circumstances while maintaining the overall integrity of community planning efforts. Understanding the variance process and its implications is crucial for developers, investors, and homeowners seeking to optimize their property’s potential within established zoning frameworks.

Author Profile

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Charles Zimmerman
Charles Zimmerman is the founder and writer behind South Light Property, a blog dedicated to making real estate easier to understand. Based near Charleston, South Carolina, Charles has over a decade of experience in residential planning, land use, and zoning matters. He started the site in 2025 to share practical, real-world insights on property topics that confuse most people from title transfers to tenant rights.

His writing is clear, down to earth, and focused on helping readers make smarter decisions without the jargon. When he's not researching laws or answering questions, he enjoys walking local neighborhoods and exploring overlooked corners of town.