Quick answer
A variance is permission to depart from a zoning standard, such as a setback, height limit or lot coverage, when a condition unique to your property makes strict compliance a hardship. You apply to the zoning board or planning commission with drawings and a written justification, neighbors are notified, and a public hearing decides. Variances cover zoning only, never building code safety requirements.
Variances are common for odd-shaped lots, steep sites and older homes built before current zoning. They are not automatic, and a well-prepared application makes the difference.
When you might need one
- An addition or garage that would sit inside a required setback
- A home that exceeds height or lot coverage limits
- A lot that is too small or narrow for current minimums
- Fences, walls or accessory buildings beyond allowed sizes
The hardship test
Most boards ask whether a physical condition of the property, such as shape, size or topography, causes the difficulty; whether the hardship was created by the owner; whether you are asking for the minimum relief needed; and whether the variance would harm neighbors or the area’s character. Wanting a bigger house is usually not enough.
The process
- Pre-application meeting with planning staff
- Application with site plan, drawings and a written justification
- Public notice to nearby owners
- Staff report and public hearing
- Decision, often with conditions, then the building permit
Improve your chances
- Ask for the smallest deviation that solves the problem
- Show the property’s unique condition clearly on the drawings
- Talk to neighbors early; support letters help
- Ask staff whether a smaller administrative adjustment is available instead
How we help
We prepare the site plan and drawings that show exactly what is requested and why, and the permit drawings once approved. See also pre-submittal meetings.
- Property address and survey
- What you want to build and which rule it conflicts with
- Any comments from planning staff
Common questions
How long does a variance take?
Commonly one to three months, depending on hearing schedules and notice periods.
Can neighbors stop a variance?
They can object at the hearing, and boards weigh their concerns, but the decision rests on the legal standard.
Is a variance the same as a building code exception?
No. Variances relate to zoning. Building code requirements are handled separately by the building official.
What is the difference between a variance and rezoning?
A variance relaxes one standard for one property. Rezoning changes the zoning district itself and is a larger legislative process.