Legal Definitions - area variance

An area variance is a specific type of permission granted by a local government's zoning board that allows a property owner to deviate from the strict dimensional or physical requirements of the zoning rules for their land. Instead of permitting a different *use* for the property (which would be a "use variance"), an area variance addresses issues related to the size, shape, placement, or other physical characteristics of structures or the lot itself. Property owners typically request an area variance when adhering strictly to the zoning code would create a practical difficulty or undue hardship due to the unique features of their property, without significantly changing the essential character of the surrounding neighborhood.

• Example 1: Setback for a Home Addition

  Imagine a homeowner with an irregularly shaped lot wants to build a small sunroom onto the back of their house. Due to the unusual angles of their property lines, the only practical location for the sunroom would place it seven feet from the rear property line, while the local zoning ordinance requires a minimum ten-foot setback. The homeowner applies for an area variance to allow the sunroom to be built three feet closer to the property line than typically permitted.

  This illustrates an area variance because it concerns the *placement* of a structure relative to property boundaries (a dimensional requirement), not the type of activity occurring on the land. The unique shape of the lot creates a practical difficulty for the homeowner to comply with the standard setback rule.

• Example 2: Lot Coverage for a New Garage

  A property owner lives on an older, smaller lot in a neighborhood where the existing house already covers 35% of the land. The local zoning code specifies a maximum lot coverage of 40% for all structures. The owner wishes to build a detached two-car garage, which would increase the total lot coverage to 43%. They apply for an area variance to exceed the maximum lot coverage by 3%.

  This is an area variance because it deals with the *percentage of the lot covered by structures* (a dimensional requirement). The existing conditions on the small, older lot make it difficult to add a common accessory structure like a garage without exceeding the modern zoning limits.

• Example 3: Building Height for a Decorative Feature

  A developer is constructing a new residential building and plans to include a decorative architectural spire on the roof, which would extend five feet above the maximum building height allowed by zoning regulations. The spire is purely aesthetic and does not contain any usable space. The developer seeks an area variance to permit this specific architectural element to exceed the standard height limit.

  This example demonstrates an area variance because it relates to the *height* of a structure (a dimensional requirement). The request is for a minor deviation for an architectural detail that does not impact the building's functional use or significantly alter the neighborhood's light, air, or visual character.