What is a zoning variance?

A variance allows a property owner to deviate from specific zoning requirements when strict compliance would create an unreasonable burden.

Types of variances:

• Area/dimensional variance: Exceptions to setbacks, height limits, lot coverage, or parking requirements. These are more commonly granted.
• Use variance: Permission to use property in a way not normally allowed in the zoning district. These are more difficult to obtain.

Requirements for obtaining a variance (vary by jurisdiction):

• Hardship or practical difficulty: The property has unique characteristics (shape, topography, size) that make compliance unreasonably difficult
• Not self-created: The hardship was not created by the property owner's own actions
• Minimum variance: The requested relief is the minimum necessary
• No harm to the public: The variance will not negatively impact the neighborhood or public interest
• Consistent with the comprehensive plan: The variance aligns with the community's planning goals

The variance process:

1. Submit an application with supporting documentation to the zoning board

2. Pay the application fee (typically $200 - $1,000+)

3. Public notice is posted and/or mailed to neighboring property owners

4. Attend a public hearing before the Board of Zoning Appeals

5. Present your case, including evidence of hardship

6. Neighbors and other interested parties may speak for or against

7. The board votes to approve, approve with conditions, or deny

8. Decisions can typically be appealed to a court

Tips for a successful variance application:

• Document the specific hardship with photos, surveys, and expert opinions
• Show that the variance will not negatively affect neighbors
• Demonstrate that alternatives were considered
• Attend board meetings before your hearing to understand the process
• Consider hiring a land-use attorney for complex cases