What Is a Real Estate Variance and How Does It Work?

Local governments establish zoning regulations that govern real estate development and property use. These rules dictate how land can be utilized, including building height, setback requirements, and permitted activities. While zoning promotes orderly development, rigid application can create difficulties for property owners. Variances introduce flexibility, allowing specific deviations from strict zoning requirements under limited circumstances. This balances community planning with individual property rights.

Understanding Real Estate Variances

A real estate variance is an authorized departure from zoning ordinance provisions. Its purpose is to prevent undue hardship for a property owner when strict enforcement would be arbitrary or unreasonable. This often occurs due to unique physical characteristics, such as an unusually shaped lot or challenging topography, making it impractical to build within standard setback lines.

Variances do not change the underlying zoning ordinance or grant a general exception for an entire district. They are specific to a particular property and granted only when unique circumstances demonstrate strict adherence would impose an unreasonable burden. This aligns with zoning’s principle of promoting public health, safety, and welfare, providing a safety valve for exceptional situations. The hardship must stem from the property’s unique attributes, not from personal financial difficulties or owner choices.

Common Types of Variances

Real estate variances fall into two categories: area variances and use variances. An area variance provides an exception to physical zoning requirements. These include deviations from rules for minimum lot size, building setbacks, height limits, or parking spaces. For example, an area variance might allow a homeowner to build an addition that slightly encroaches on a side yard setback due to a narrow lot.

A use variance permits a property to be used for a purpose not allowed within its designated zoning district. For instance, if a property is zoned for residential use, a use variance might allow a small professional office to operate there. Obtaining a use variance is more challenging than an area variance because it can significantly alter a neighborhood’s character. Such variances are granted only when a property cannot yield a reasonable return under any permitted uses.

The Variance Application Process

The process for seeking a real estate variance typically begins with an initial consultation with local planning or zoning department staff, which clarifies requirements. An applicant then prepares a formal application packet. This packet includes detailed site plans, architectural drawings, property surveys, and a written narrative explaining the unique hardship and the relief requested. The narrative must clearly articulate why the variance is necessary and how it meets legal standards.

Once the application is filed, a fee is usually required. Public notification is a standard procedural step, often involving mailed notices to neighboring property owners and public postings on the property itself. A public hearing is then scheduled, usually before a local planning board, zoning board of appeals, or similar governmental body. During this hearing, the applicant presents their case, and interested parties, including neighbors, may offer testimony or submit comments. The board then deliberates and renders a decision, which typically occurs within several weeks to a few months after the hearing.

Factors Influencing Variance Decisions

Local zoning boards evaluate variance requests based on several established criteria to ensure fairness and consistency. One primary factor is whether the hardship is truly unique to the specific property, stemming from its unusual shape, topography, or existing structures, rather than being common to other properties in the area. The hardship must not be a result of the applicant’s own actions or choices, as variances are not granted for self-created difficulties. For example, purchasing a lot knowing it is too small for a desired building would likely be considered a self-created hardship.

The board also considers whether granting the variance would adversely affect public health, safety, or welfare, or substantially impair the overall zoning plan. The proposed deviation should not create negative impacts such as increased traffic, noise, or drainage problems for the surrounding community. Decision-makers also assess whether the requested variance is the minimum necessary to provide relief from the hardship. This ensures that the property owner receives only the specific amount of flexibility required, without granting an excessive or unnecessary deviation from established regulations.