Variance
An official exception granted by a local zoning board allowing a property owner to deviate from standard zoning requirements.
A zoning variance is an administrative approval that allows a property owner to build or modify their property in a way that does not strictly conform to the local zoning ordinance. Common reasons to seek a variance include setback relief (building closer to the property line than code allows), height exceptions, lot coverage increases, or non-conforming use expansions.
Variances are granted by a zoning board of appeals (ZBA) or a similar body. The applicant must typically demonstrate hardship—that strict application of the code would cause an unreasonable burden unique to their property—and that granting the variance would not negatively impact neighbors or the character of the neighborhood. Neighbors are usually notified and may testify for or against the request.
The variance process takes weeks to months and involves application fees ($150–$1,000+), public hearings, and sometimes site visits. Working with a local land-use attorney or experienced contractor familiar with local zoning greatly improves approval odds.
Real-World Example
To build an attached garage 4 feet from the side property line instead of the required 6 feet, the homeowner filed for a setback variance and received approval after a public hearing.