Glossary

Variance

Also known as: Zoning Variance, Dimensional Variance

A variance is a discretionary approval that permits a property owner to deviate from a specific dimensional or use requirement of a zoning ordinance—such as a setback, height, or lot coverage limit—based on a hardship unique to the site.

Variances are granted by a zoning board of appeals (or equivalent body) after a public hearing and are meant to function as a narrow, site-specific relief valve rather than a substitute for rezoning. Applicants generally must show that strict compliance would create a hardship arising from the parcel's unique physical characteristics (not one the owner created), that the relief requested is the minimum necessary, and that the variance will not alter the essential character of the neighborhood. Developers underwriting a site with known nonconformities must build entitlement risk and timeline uncertainty into the feasibility schedule, since denial or a contested appeal can delay closing or force a costly redesign. A variance is distinct from a conditional use permit: a variance excuses noncompliance with a dimensional or bulk standard, while a CUP authorizes a use the ordinance already contemplates, subject to conditions.