Variance

A variance is an authorized departure from the strict requirements of a zoning ordinance. Rather than changing the underlying zoning classification (which is what rezoning does), a variance allows a property owner to deviate from specific rules - like setback distances, building height limits, lot coverage ratios, or parking requirements - while keeping the same zoning designation.

Types of Variances

How Variances Are Granted

Variance applications are typically heard by a Board of Zoning Appeals (BZA) or Board of Adjustment. The applicant must demonstrate:

1. Hardship or practical difficulty - the strict application of the zoning code creates an unreasonable burden specific to the property
2. Not self-created - the hardship wasn't caused by the owner's own actions
3. No substantial detriment - the variance won't negatively impact the neighborhood
4. Consistent with the spirit of the ordinance - the deviation doesn't undermine the purpose of the zoning code

Investment Angle

A pattern of variances in an area - especially height variances or density-related variances - often signals that the existing zoning code has become outdated for current market demand. This frequently precedes a broader rezoning effort by the municipality. Tracking variance approvals can give investors an early signal of where upzoning may follow.