Variance
Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Full Definition
A variance is an exception to the zoning ordinance granted by a local zoning board of adjustment (or appeals) to a specific property owner, allowing a use or structure that would otherwise violate zoning requirements. Variances are granted when strict application of the zoning rules would cause undue hardship to a specific property because of its unique characteristics — not simply because the owner wants to do something more profitable. There are two types: use variances (allowing a use not otherwise permitted in the zone) and area/dimensional variances (allowing a structure to deviate from setback, height, or lot coverage requirements). Variances are property-specific and run with the land if granted.
Real-World Example
A homeowner wants to build a garage 3 feet from the side property line, but zoning requires a 5-foot setback. They apply for an area variance, demonstrating that their oddly shaped lot makes compliance impractical.
How Variance Appears on the Real Estate Exam
Common question types, tested concepts, and what to watch out for
A variance requires proof of hardship caused by the property's unique characteristics — not just personal preference or financial benefit. Contrast with a nonconforming use (existing before current zoning) and a conditional use permit (use allowed with conditions).
Related Terms
More Land Use & Zoning Terms
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