What is a variance in property use?

A variance in property use specifically refers to permission granted to a property owner to deviate from the current zoning laws or ordinances that regulate land use. Zoning laws are designed to control how land can be developed and used in a community, specifying what types of buildings or activities are allowed in certain areas. However, there may be situations where strict adherence to these laws is impractical or overly burdensome for property owners.

In these cases, a property owner can apply for a variance to seek relief from specific zoning requirements. For example, if a property owner wishes to build a structure that exceeds height restrictions or doesn't meet setback requirements, they may apply for a variance. If granted, the variance allows the property owner to proceed with the requested use or development despite not fully complying with the established zoning regulations.

This process typically involves a hearing where the local zoning board of appeals considers the request, including factors such as the uniqueness of the property and the potential impact on the surrounding area. The variance is intended to provide flexibility within the zoning laws while still preserving the general intent of those laws to benefit the community.

Understanding this concept is critical as it highlights the balance between individual property rights and the overarching goals of zoning regulations, illustrating how variances are a