Legal Definitions - zoning variance

A zoning variance is a special permission granted by a local government to a property owner, allowing them to deviate from specific rules within the established zoning ordinances for their land. It is typically granted when strict adherence to the zoning regulations would cause an undue hardship due to unique physical characteristics of the property itself, and not because of a personal inconvenience or financial difficulty of the owner. A variance is not a change to the zoning law, but rather an exception applied to a particular property.

Here are some examples to illustrate how a zoning variance works:

• Example 1: Irregular Lot Shape

  Imagine a homeowner owns a residential lot that is unusually narrow and pie-shaped, located at the end of a cul-de-sac. Local zoning rules require all homes to have a minimum side yard setback of 10 feet from the property line. Due to the unique, tapering shape of their lot, building a house that meets this 10-foot setback on both sides would result in a home that is impractically small or oddly configured, making it impossible to build a standard-sized residence. The homeowner could apply for a zoning variance to reduce the setback requirement on one side of their property, allowing them to build a reasonably sized home that still respects the general character of the neighborhood. The hardship here arises directly from the unusual physical characteristics of the lot itself.

• Example 2: Topographical Challenges

  Consider a property owner who wishes to build a new home on a lot that features a significant, steep slope or a large rock outcropping. The local zoning code dictates a maximum building height of 30 feet and requires the foundation to be a certain distance from the street. Due to the severe natural grade of the land, excavating to meet the standard foundation setback would be prohibitively expensive and potentially unstable, or building within the height limit would require cutting so deeply into the slope that it would create an unsafe or environmentally damaging situation. The owner might seek a zoning variance to allow for a slightly taller building height, measured from a different reference point on the sloped lot, or a minor adjustment to the setback requirement, to accommodate the natural topography without compromising safety or neighborhood aesthetics. This variance addresses a hardship caused by the land's unique natural features.

• Example 3: Existing Non-Conforming Structure

  A small, family-owned hardware store has operated in a commercial zone for 50 years. Over time, zoning regulations in that area have changed, now requiring a minimum of 15 parking spaces for a business of its size. The hardware store currently has only 10 spaces, and its building is situated on the lot in a way that makes it physically impossible to add more parking without demolishing part of the existing structure or acquiring adjacent land, neither of which is feasible. The business owner could apply for a zoning variance to be exempt from the current parking space requirement, arguing that the existing structure's placement and the lot's limitations create an undue hardship in meeting the updated code. The variance would allow the long-standing business to continue operating without being forced out due to a change in regulations that it cannot reasonably meet.