What Is a Variance in Real Estate? Understanding Zoning Variances in the Homebuying Process

Yes. Many homeowners apply for a building variance when they want a fence that is taller than the local limit (e.g., an 8-foot fence where only 6-foot fences are allowed). You would need to demonstrate a specific reason, such as excessive noise from a neighboring highway, to justify the exception.

Yes. Once a zoning variance is granted, it is usually attached to the property, not the owner. This means if you sell the house, the new owner still enjoys the benefits of that variance. This can actually increase your home’s resale value.

First, you must file a formal application with your local municipality and pay a filing fee. You will then be given a date for a public hearing. You are usually required to notify your neighbors of your request, as they have the right to attend the hearing and voice their support or objections.

Variances are handled by a local “Zoning Board of Appeals” or a similar body. To get one, you must typically prove that the existing zoning laws create an “unnecessary hardship” or a unique “practical difficulty” due to the physical nature of your land (like a steep cliff or an odd shape).

Show Hardship: Clearly explain why your land is unique and why the law makes it impossible to use the property like your neighbors do. Be a Good Neighbor: Talk to your neighbors before the hearing. If they show up to support you (or at least don’t object), your chances of approval skyrocket. Keep it Minimal: Only ask for the smallest deviation possible. Boards are more likely to approve a 2-foot setback violation than a 10-foot one.

Zoning is a tool used by local governments to dictate how land in specific areas can be used. It prevents a noisy factory from opening next to a quiet suburban street. Common zones include residential, commercial, industrial, and agricultural. These laws regulate everything from building height to how far a house must be from the sidewalk.

If the board denies your property variance, you generally have two options: you can modify your plans to fit within the existing zoning laws, or you can appeal the board’s decision in a court of law. However, court appeals can be expensive and time-consuming, so it’s best to make your strongest case at the initial hearing.

A use variance is generally harder to obtain. This allows you to use a property for a purpose not permitted in that zone. An example would be trying to open a small retail boutique in an area strictly zoned for single-family residential homes.

A property variance is a legal request to depart from current zoning requirements. If granted, it allows you to build or use your land in a way that would normally be prohibited. It’s essentially an exception to the rule, granted on a case-by-case basis.

An area variance is the most common type. It deals with the physical environment and dimensions of the property. For example, if you want to build an addition but the “setback” rules require buildings to be 20 feet from the fence, and you only have 15 feet, you would apply for an area variance.