Variance

Definition

In real estate, a “variance” is a legally authorized exception to a zoning ordinance. When a property owner is unable to use their land as intended due to local zoning laws, they may request a variance. The zoning board evaluates the request and, if hardship or practical difficulties are evidenced, may permit the deviation from standard zoning rules. Variances are crucial in maintaining flexibility within zoning laws and ensuring property owners can utilize their land effectively while considering the public interest.

Examples

Residential Use: An owner of a residential lot with an irregular shape may not meet minimum setback requirements. By applying for a variance, they could gain permission to build their home slightly closer to the property line.
Commercial Properties: A business wanting to construct a larger commercial building that exceeds the local height restrictions might seek a variance to allow for the additional stories, thereby accommodating the intended usage.
Topographical Challenges: A homeowner whose property includes a steep slope might need a variance to build a retaining wall or structure that doesn’t conform to standard building restrictions.

Frequently Asked Questions

What is the difference between a variance and a zoning change?

A variance permits a minor deviation from existing zoning requirements to address specific and typically narrow complications. In contrast, a zoning change (or rezoning) modifies the zoning classification of an entire piece of property, which can affect potential uses and development standards.

Can a variance be revoked?

A variance generally remains in place unless specified otherwise in its terms or if the property use changes significantly. However, once granted, it can typically be relied upon by the property owner unless the variance was contingent on certain conditions or phases that were not adhered to.

Is obtaining a variance a lengthy process?

The process for obtaining a variance can vary depending on the jurisdiction. It typically involves submitting an application, paying a fee, notifying nearby property owners, and attending a public hearing where the case is reviewed and decided upon by the zoning board.

What are some grounds for denial of a variance request?

Variance requests may be denied if the zoning board determines that the deviation:
- Undermines the intent of the zoning ordinance.
- Causes undue harm to neighboring properties.
- Is not supported by adequate evidence of hardship or practical difficulties.
- Contrary to public interest or policy.

Are there alternative options if a variance is denied?

If a variance is denied, property owners may try to modify their project to meet zoning regulations, seek an alternative variance or a zoning change, or potentially appeal the decision if they believe it was unjust.

Zoning Ordinance: Regulations that dictate land use and development standards within a particular area.
Setback: The minimum distance a building must be placed from property boundaries.
Density: The allowable concentration of buildings or land usage within a particular area.
Hardship: In the context of variances, a situation where compliance with zoning ordinances would result in significant difficulty or unfairness to the property owner.
Conditional Use Permit (CUP): A permit allowing a property to be used in a way not typically permitted within its zoning classification, provided certain conditions are met.

Online Resources

References

“Zoning Variances: Their Dynamics and Impact on the Urban Development,” Urban Planning Journal, Issue 48.
“The Zoning Board and You: Navigating Your Way,” Local Government Report, Article IX, 2021.

Suggested Books for Further Studies

“Zoning Practice: Principles and Techniques of Local Land Use Regulation” by James A. Kushner
“The Legal Aspects of Zoning Controls” by David L. Callies
“Land Use and Society, Third Edition: Geography, Law, and Public Policy” by Rutherford H. Platt

Real Estate Basics: Variance Fundamentals Quiz

### What is a real estate variance primarily used for? - [ ] Permitting complete zoning changes - [x] Allowing minor deviations from zoning requirements - [ ] Increasing property taxes - [ ] Facilitating unregulated building construction > **Explanation:** A variance allows for minor deviations from established zoning requirements when strict compliance would result in undue hardship. ### Who grants a variance in real estate? - [ ] Homeowners Association - [ ] Property Appraiser - [x] Zoning Board or Authority - [ ] Local Police > **Explanation:** Variances are granted by a zoning board or authority, not by private entities or law enforcement. ### Why might a property owner seek a variance? - [x] Because compliance with zoning laws is impractical - [ ] To increase property size - [ ] To reduce property taxes - [ ] To bypass environmental regulations > **Explanation:** A variance is sought to allow property owners to use their land in a feasible manner when strict compliance with zoning laws is impractical. ### What term describes the minimum distance a structure must be from property boundaries? - [ ] Height limit - [x] Setback - [ ] Density limit - [ ] Lot coverage > **Explanation:** A setback is the term used to describe the required minimum distance a building must be placed from property boundaries. ### Can a property owner change the zoning classification with a variance? - [ ] Yes, it always allows full reclassification. - [ ] Yes, but only for large properties. - [x] No, a variance only allows deviation within the current classification. - [ ] No, zoning classifications can never change. > **Explanation:** A variance allows for deviations within the existing zoning classification; it does not change the classification itself. ### Which is NOT a valid reason for a zoning board to grant a variance? - [ ] Impractical compliance with the zoning laws leading to hardship - [ ] The property would be virtually unusable without deviation - [ ] The variance negatively impacts neighboring properties - [x] Preference for a more aesthetically pleasing design > **Explanation:** Zoning boards typically do not grant variances based on aesthetic preferences; rather, valid reasons include practical difficulties or hardships in complying with zoning laws. ### What does a conditional use permit (CUP) allow different from a variance? - [ ] All existing zoning requirements are nullified - [ ] It allows for mixed residential and commercial use of any property - [x] It allows a property to be used in a way not typically permitted within its zoning, with conditions - [ ] It permits construction without a building permit > **Explanation:** A conditional use permit allows a property to be used in non-standard ways within its zoning category, provided certain conditions are met. ### If a variance application is denied, what is one option a property owner can pursue? - [ ] The property must remain unused - [x] Modifying the project to meet zoning requirements - [ ] Immediate rezoning irrespective of rules - [ ] Ignoring the decision > **Explanation:** If a variance is denied, property owners can modify their plans to comply with zoning requirements, among other potential options. ### Variances must align with which principle to be granted? - [x] Public interest - [ ] Zoning board preference - [ ] Neighbor opinion only - [ ] Real estate market trends > **Explanation:** A variance must align with the principle of public interest, ensuring that it does not harm the well-being of the community. ### What type of hardship justifies the granting of a variance? - [x] A significant difficulty or unfairness in using the property - [ ] A desire for lower property taxes - [ ] A preference for a particular architectural style - [ ] Economic benefits of selling the property > **Explanation:** Hardship that justifies a variance includes significant difficulties or unfairness in using the property as per existing zoning laws.