What is a variance?
A variance is a legal exception that allows property owners to deviate from standard zoning laws when strict compliance would create unnecessary hardship. When local zoning rules prevent reasonable use of your property, a variance provides an official way to request relief from these requirements.
Understanding the Basics of Variances
Think of a variance as a special permission slip for your property. Just as schools have rules that apply to all students but occasionally make exceptions for unique situations, zoning laws work the same way. Cities and towns create zoning regulations to organize how land is used, but sometimes these one-size-fits-all rules don’t work for every property.
For example, if your neighborhood requires all houses to sit 25 feet back from the street, but your lot has an unusual shape that makes this impossible, you might need a variance to build closer to the road.
Types of Variances You Should Know
Not all variances are the same. The two main categories serve different purposes:
Area or Dimensional Variances
These are the most common type of variance. They deal with physical requirements like:
- How far buildings must be from property lines (setbacks)
- Maximum building height
- Minimum lot size
- How much of your lot can be covered by structures
Use Variances
Use variances are harder to obtain because they allow you to use your property in a way that’s normally not permitted in your zone. For instance, opening a small bakery in a residential neighborhood would require a use variance.
What is a Hardship Variance?
A hardship variance is granted when you can prove that following zoning rules would create exceptional difficulties for your specific property. The key word here is “exceptional” – the hardship must be unique to your property, not a general inconvenience that affects everyone in the area.
To qualify for a hardship variance, you typically need to demonstrate:
- The hardship is due to unique physical conditions of your property
- The hardship wasn’t created by you or a previous owner
- You cannot make reasonable use of your property without the variance
- The variance won’t negatively impact neighboring properties
How the Variance Process Works
Getting a variance isn’t as simple as filling out a form. It’s a legal process that requires careful preparation and presentation of your case.
Step 1: Determine If You Need a Variance
Before starting the variance process, confirm that you actually need one. Sometimes, minor adjustments to your plans can help you comply with existing zoning laws. Consult with your local zoning office to explore all options.
Step 2: Prepare Your Application
Variance applications typically require:
- Detailed site plans and surveys
- Written explanation of the hardship
- Evidence supporting your case
- Application fee (usually several hundred dollars)
Step 3: Present to the Zoning Board
The zoning board, also called the board of adjustment or appeals, reviews variance requests. These boards consist of local residents appointed to make decisions about land use exceptions. You’ll present your case at a public hearing where neighbors can also voice their opinions.
Step 4: Await the Decision
The zoning board will vote on your request, usually on the same night or within a few weeks. They may approve, deny, or approve with conditions attached.
What Makes a Strong Variance Case?
Success often depends on how well you prepare and present your request. Strong variance applications share these characteristics:
Clear Documentation: Professional surveys, architect drawings, and photographs help board members understand your situation.
Neighbor Support: Letters from adjacent property owners stating they don’t object to your variance carry significant weight.
Minimal Impact: Show how your variance is the smallest deviation necessary to solve your problem.
Legal Compliance: Demonstrate that your request meets all the legal criteria for granting a variance in your jurisdiction.
Common Reasons Variances Are Denied
Understanding why variances fail can help you avoid these pitfalls:
- Self-created hardships (you bought the property knowing about the limitation)
- Financial hardship alone (wanting to maximize profit isn’t sufficient)
- Requests that would change the character of the neighborhood
- Lack of unique circumstances specific to your property
- Strong neighbor opposition
Alternatives to Consider
If a variance seems unlikely or too complex, consider these alternatives:
Rezoning: Request a change to the zoning classification of your property, though this affects all similar properties in the area.
Conditional Use Permits: Some uses are allowed in certain zones with special permission and conditions.
Design Modifications: Often, creative architectural solutions can achieve your goals while complying with zoning rules.
The Importance of Professional Help
While you can apply for a variance yourself, many property owners benefit from professional assistance. Land use attorneys understand the legal requirements and can present compelling arguments. Architects and engineers can provide alternative solutions and create professional documentation that strengthens your case.
Living With a Variance
If granted, a variance typically “runs with the land,” meaning it stays with the property even when ownership changes. However, some variances include conditions or time limits. Always understand the terms of your variance and ensure any future property improvements comply with both the variance and current zoning laws.
Variances play a crucial role in balancing community planning goals with individual property rights. While the process may seem daunting, understanding how variances work empowers property owners to make informed decisions about their land use challenges. Whether you’re dealing with an oddly shaped lot, a historic property, or unique topographical features, a variance might be the solution that allows reasonable use of your property while respecting your community’s zoning objectives.
