Definition
A zoning variance is an exception to local zoning regulations granted by a municipal planning authority or zoning board to allow a property owner to use their land in a way that would normally be prohibited by current zoning laws. Variances are typically requested to accommodate unusual circumstances or hardships that prevent the property owner from complying with existing zoning rules, such as setback requirements, building height limits, or land use restrictions.
Explanation
Zoning variances are not a change to zoning laws but rather a temporary or permanent permission to deviate from them. To be approved, the property owner must usually demonstrate that strict enforcement of zoning regulations would cause undue hardship and that the variance would not negatively impact surrounding properties. Public hearings are often part of the process to allow neighbors to express support or objections.
There are two main types of variances:
- Area Variance: Allows deviations from physical requirements such as setbacks, building height, or lot size.
- Use Variance: Permits a different use of the property than what is allowed by current zoning, such as converting a residential property into a commercial one.
✅ Key Features of Zoning Variances:
- Approval Process: Requires applications, public hearings, and zoning board approval.
- Specific Conditions: Typically includes conditions to minimize impact on surrounding properties.
- Justification Required: Must demonstrate hardship or practical difficulties that justify the variance.
Pros and Cons of Zoning Variances
✅ Advantages:
- Flexibility: Allows property owners to make improvements or changes not permitted by standard zoning.
- Maximizes Property Use: Helps overcome land restrictions or unique property challenges.
- Economic Development: Can facilitate new businesses or developments that benefit the community.
❌ Disadvantages:
- Approval Challenges: Requires significant documentation and public support.
- Potential Opposition: Neighbors or community members may contest the variance.
- Temporary or Conditional: Some variances may be revoked or modified if conditions change.
Example
A homeowner owns a corner lot with irregular dimensions that make it impossible to comply with the standard 20-foot setback required by local zoning laws. The owner applies for an area variance to reduce the setback to 10 feet to allow for a home addition. After a public hearing, the zoning board grants the variance, allowing the owner to proceed with the construction without violating zoning regulations.