Variance

A variance is formal permission to do something zoning otherwise prohibits: build inside a setback, exceed a height limit, exceed coverage. It is granted by a zoning board or board of adjustment after a public hearing, and it is discretionary rather than a right.

What has to be shown

The standard varies by jurisdiction but generally requires demonstrating:

• A hardship arising from the physical characteristics of the property, such as an unusual shape, steep slope, or existing conditions
• That the hardship was not created by the applicant
• That the variance is the minimum needed to relieve it
• That granting it will not harm neighboring properties or the public interest

The hardship must attach to the land. Wanting a larger house, or a design preference, is not a hardship in this sense, and applications resting on that argument are routinely denied.

The practical cost

Variances take months. They involve application fees, published notice, notice to neighbors, and a public hearing where opposition is heard. Denial is common. Anyone budgeting a project around a variance being granted is taking a real risk.

Alternatives worth checking first

• Administrative adjustment. Many jurisdictions allow small departures, often up to 10 or 20 percent, approved by staff without a hearing.
• Redesign. Usually faster and more certain than a variance.
• Legal nonconforming status. If the condition predates current zoning, it may already be permitted to continue without any variance at all.

Code modifications are different

A variance addresses zoning. Departing from a building code requirement is a different process, handled through the building official's authority to accept alternative means and methods, and it turns on demonstrating equivalent performance rather than on hardship.