Variance
A variance is official permission from your local zoning board to break a zoning rule — like building closer to the property line than normally allowed or using your property in a way the code doesn’t permit.
Zoning rules are rigid by design. But sometimes a lot is oddly shaped, a hill makes the setback impossible, or your 1920s home doesn’t conform to modern codes. That’s when you apply for a variance. It’s basically asking the city: “I know the rule, but here’s why my situation is different.”
Two Types of Variances
An area variance (or dimensional variance) lets you bend the physical rules — setbacks, height limits, lot coverage, parking requirements. These are more common and easier to get. A use variance lets you use property in a way the zoning doesn’t allow — like running a business in a residential zone. Use variances are much harder to get and many boards won’t even consider them.
Applying costs $250-$2,000 depending on your municipality. You’ll need a site plan, sometimes an attorney, and you’ll present your case at a public hearing. Neighbors get notified and can object. The whole process takes 2-4 months on average.
Watch out: A variance is NOT guaranteed. You must prove hardship — that the zoning rule creates an unusual burden specific to your property, not just an inconvenience. “I want a bigger deck” won’t cut it. “My lot is triangular and the setbacks leave only 200 square feet of buildable area” might. Check with your local planning department before spending money on plans.
Approval rates vary wildly by municipality. Some boards grant 70%+ of area variance requests. Others approve less than 30%. Research your local board’s track record before investing in an application. Attending a few board meetings before you apply is smart — you’ll learn what arguments work and what commissioners care about. Neighbor opposition is the single biggest factor in denials.
If you’re buying a property that already has a variance, verify it was properly granted and recorded. An unpermitted variance is a ticking time bomb — the city can revoke it and force you to bring the property into compliance. That could mean demolishing additions or ceasing a home-based business. Check the glossary for related terms like zoning and setback.
Does a variance stay with the property if I sell?
Yes. Variances run with the land, not the owner. If a previous owner got approval to build a garage 3 feet from the property line instead of the required 5 feet, that variance transfers to you and every future owner. But it only applies to the specific exception that was granted — you can’t expand on it without a new application.