# What Is a Variance in Regards to Zoning Regulations?
Zoning regulations are essential for maintaining order and consistency in land use within cities and towns. These rules dictate how properties can be used, setting restrictions on aspects such as building size, height, and purpose. However, there are situations where strict adherence to zoning laws may create undue hardship for property owners. In such cases, a zoning variance may provide a solution by granting exceptions to the established regulations. But what exactly is a zoning variance, and how does it work?
In this article, we will explore the concept of zoning variances, starting with their definition and purpose. We will then examine the two main types of variances: use variances and area variances. Understanding the process for requesting a variance is crucial for property owners seeking relief from zoning restrictions, so we will outline the necessary steps involved. Additionally, we will discuss the criteria and requirements that must be met for a variance to be approved. Finally, we will consider the broader impact of zoning variances on both individual properties and the surrounding community. By the end of this article, you will have a comprehensive understanding of how zoning variances function and their significance in urban planning.
### Definition and Purpose of a Zoning Variance
A zoning variance is a special exemption granted by a local zoning board or authority that allows a property owner to deviate from the established zoning regulations for a specific property. Zoning laws are designed to regulate land use, ensuring that properties within a given area conform to specific guidelines related to building size, setbacks, land use, and density. However, in certain situations, strict adherence to these regulations may create an unnecessary hardship for property owners. A zoning variance provides a legal mechanism for property owners to seek relief from these constraints while still maintaining the integrity of the zoning ordinance.
The primary purpose of a zoning variance is to offer flexibility in land use regulations while preventing unnecessary hardship for property owners. Without variances, some properties might be rendered unusable due to unique circumstances such as irregular lot shapes, topographical challenges, or pre-existing structures built before current zoning laws were implemented. By granting a variance, local governments ensure that property owners can use their land in a reasonable manner while still maintaining the overall intent of the zoning code. However, it is important to note that variances are granted on a case-by-case basis and must meet specific criteria to prevent arbitrary decisions that could negatively impact the surrounding community.
Types of Zoning Variances (Use Variance vs. Area Variance)
Zoning variances generally fall into two main categories: **use variances** and **area variances**. Both types allow property owners to deviate from zoning regulations, but they serve different purposes and have distinct requirements for approval.
A **use variance** permits a property owner to use their land in a way that is not typically allowed under the current zoning classification. For example, if a parcel of land is zoned for residential use, but the owner wants to operate a small business on the property, they would need to apply for a use variance. These variances are often more difficult to obtain because they can significantly alter the character of a neighborhood and potentially conflict with the community’s long-term development plans. To be granted a use variance, the property owner must typically demonstrate that strict enforcement of the zoning law would cause undue hardship and that the proposed use would not negatively impact the surrounding area.
An **area variance**, on the other hand, pertains to deviations from physical or dimensional zoning requirements, such as setbacks, height restrictions, or lot coverage limitations. Unlike a use variance, an area variance does not change the fundamental use of the property but instead allows modifications to specific zoning regulations. For example, if a property owner wants to build an addition to their home that slightly encroaches on the required setback, they would apply for an area variance. These variances are generally easier to obtain than use variances because they typically involve minor adjustments rather than fundamental changes to how the land is used. When reviewing an area variance application, zoning boards consider factors such as whether the requested change is substantial, whether it would negatively impact neighboring properties, and whether the hardship is self-created.
Both types of zoning variances play a crucial role in balancing property owners’ rights with the goals of urban planning and community development. While variances provide flexibility, they are granted on a case-by-case basis and must align with the broader interests of the community.
### Process for Requesting a Zoning Variance
The process for requesting a zoning variance typically involves several steps, beginning with an application submitted to the local zoning board or planning commission. Property owners seeking a variance must provide detailed information about their request, including the specific zoning regulation they wish to modify and the reasons why the variance is necessary. This application often includes site plans, property descriptions, and any supporting documents that justify the need for the variance.
After submitting the application, the property owner may be required to notify neighboring property owners about the request. Many municipalities mandate public hearings where community members can voice their support or opposition. During the hearing, the applicant presents their case, explaining how the variance would not negatively impact the surrounding area and why strict enforcement of zoning regulations would cause undue hardship. The zoning board then evaluates the request based on established criteria, such as whether the variance aligns with the overall zoning intent and if it meets legal requirements.
Once the public hearing concludes, the zoning board deliberates and makes a decision. This decision can result in approval, denial, or conditional approval, where the variance is granted with specific stipulations. If the variance is denied, the applicant may have the option to appeal the decision through the appropriate legal channels. Successfully navigating the zoning variance process requires thorough preparation, a clear understanding of local zoning laws, and, in some cases, legal or professional assistance to strengthen the request.
Criteria and Requirements for Approval
When applying for a zoning variance, property owners must meet specific criteria and requirements to gain approval. These criteria ensure that variances are granted only when necessary and do not undermine the overall zoning regulations of the area. While the exact requirements vary by jurisdiction, most zoning boards consider factors such as whether strict enforcement of zoning laws would cause unnecessary hardship, whether the variance is in line with the public interest, and whether the requested change is the minimum deviation needed to provide relief.
One of the key factors in determining approval is demonstrating that the zoning regulation imposes an undue hardship on the property owner. This means showing that strict compliance with the zoning code would prevent reasonable use of the property. However, financial hardship alone is typically not sufficient grounds for granting a variance. The applicant must prove that unique conditions—such as irregular lot shape, topography, or other physical constraints—make it impractical or impossible to conform to the existing zoning requirements.
Additionally, zoning boards assess whether granting the variance would negatively impact the surrounding community. The proposed change should not alter the essential character of the neighborhood or create issues such as increased traffic, reduced property values, or safety concerns. In many cases, applicants must provide evidence or expert testimony to demonstrate that the variance will not be detrimental to the public welfare. By carefully evaluating these factors, zoning authorities aim to balance individual property rights with broader community interests.
### Impact of Zoning Variances on Property and Community
Zoning variances can have significant effects on both individual properties and the surrounding community. When granted, a variance allows property owners to use their land in a way that deviates from standard zoning regulations, which can lead to both positive and negative consequences. For property owners, a variance can provide greater flexibility in land use, enabling them to build structures or operate businesses that would otherwise be restricted. This can increase property values and allow for more efficient use of space, especially in areas where zoning laws may be overly restrictive or outdated.
However, zoning variances also have broader implications for the community. While they can promote economic development and accommodate unique property needs, they may also lead to concerns about neighborhood character, traffic congestion, and environmental impact. If variances are granted too frequently or without proper consideration, they can undermine the original intent of zoning laws, potentially leading to overcrowding or incompatible land uses. For this reason, local governments must carefully evaluate each request to ensure that variances align with community planning goals while balancing the rights of property owners.