Questions

What is a zoning variance?

A zoning variance is permission to depart from a rule of the zoning code, such as a setback or height limit, because of a hardship peculiar to the property. A board decides it at a public hearing.

Zoning codes apply the same rules to every lot in a district, but not every lot is ordinary. A variance lets a board relax a rule for one property when its shape, size, slope or other condition makes the rule unusually hard to meet. Most variances are dimensional: a smaller setback, more height, more lot coverage, fewer parking spaces.

In most of the United States, variances are decided by a board of zoning appeals, called a board of adjustment or a zoning hearing board in some states, at a public hearing with notice to neighbors. The applicant must show the case meets a legal test, not just that the change would be convenient.

The test is set by state law and the local code, and it is similar in most places: strict application of the rule would cause an unnecessary hardship; the hardship comes from conditions peculiar to the property, not from the owner's own actions; and the variance would not harm neighbors or the character of the area. Many states do not allow a use variance, which would permit a use the district forbids; that takes a rezoning.

A board can attach conditions to a variance, and a neighbor or the applicant can usually appeal the decision to court within a short window. In South Carolina, for example, as in Charleston, variances go to the board of zoning appeals under the state's planning enabling act.

For your parcel we show the approval path and the odds from past decisions. Book a demo.

For your parcel: the approval path and the odds from past decisions.

Book a demo