What is a variance in real estate?

A variance in real estate refers specifically to a waiver or exception to zoning laws, allowing property owners to deviate from the established regulations in a particular area. Zoning laws are designed to control land use and development, ensuring that properties conform to the designated plans for a community. However, there may be situations where strict adherence to these laws creates undue hardship for a property owner.

Obtaining a variance involves submitting a request to the appropriate local zoning board or regulatory authority. This request often needs to demonstrate that the deviation is necessary and that it will not adversely affect the surrounding properties or the community at large. The approval process typically includes public hearings where community input can be considered.

For example, a property owner might seek a variance to build closer to the property line than zoning regulations normally allow due to lot size restrictions or the unique shape of the land. This allows flexibility for property owners while still maintaining the overall zoning framework intended to promote orderly development.