What is a variance in real estate?

In real estate, a variance is a request made by a property owner to the local government zoning board to deviate from the zoning regulations that govern how property can be used or developed. Variance requests are typically made when property owners believe that strict adherence to current zoning regulations would cause them unnecessary hardship or prevent them from using their property in a reasonable way.

There are two main types of variances: a "use variance," which allows a property owner to use their land for a purpose not permitted under current zoning regulations, and an "area variance," which allows a property owner to deviate from setback, height, or other dimensional requirements specified in zoning regulations.

The process of obtaining a variance can vary depending on the specific municipality, but generally involves submitting a formal application to the zoning board, attending a public hearing, and demonstrating that the requested variance meets certain criteria such as proving a unique hardship or demonstrating that the variance will not negatively impact the surrounding properties.

Variances are not always easy to obtain and are subject to approval by the local zoning board or planning commission. Property owners should carefully consider the potential challenges and costs associated with seeking a variance before moving forward with the process.