What is a variance and how do you get one?

If you’re a homeowner or real estate investor with big plans for your property, you may need a variance to realize your vision when zoning laws contradict your goals.

Let’s look at what a variance is in real estate, explore different types of variances, and consider tips for a seamless variance application process.

What is zoning?

A local governing body establishes a zoning law or ordinance to dictate how you can use a property in a particular area or zone. A zoning ordinance protects the structure, development, and geographic integrity of real estate that a local government has jurisdiction over. Some zones are for single-family homes while others are for multifamily homes. Common zoning classifications include residential, commercial, industrial, agricultural, and hospitality.

Although zoning laws are supposed to benefit a community, they’re often criticized as encumbrances on private property rights. Zoning ordinances can be an obstacle if you want to use your property or land in a way that’s not allowed under your zoning laws, which is where a variance can help.

What is a variance in real estate?

A zoning variance in real estate is a waiver that a property owner can use to deviate from existing zoning laws. However, variances don’t modify zoning laws. Instead, they allow you to change or adjust how your land is used under unique circumstances in ways that would otherwise be prohibited.

How do variances work?

Essentially, a zoning variance gives a property owner a waiver for a specific zoning rule. The owner must show that a hindering factor exists for the property and that it’s not merely a personal preference. Examples might include unusually narrow lots, steep slopes, wetlands, or existing structures that don’t meet current setback rules.

Variances are more likely to be approved if the request doesn’t undercut the purpose of the zoning law. For instance, projects related to small-scale subsistence farming might be welcomed, or a municipality might allow homesteading or modest home expansions if they don’t create safety or neighborhood concerns.

To get a variance, a property owner usually applies through their local planning or zoning department. Their request is reviewed by a zoning board or other governing body. This often takes place at a public hearing where neighbors can comment.

When zoning rules are too rigid, variances can provide flexibility for homeowners. They allow people to reasonably use their land but preserve the overall goals of the community.

Types of zoning variances in real estate

There are two general kinds of zoning variances in real estate. Here are details of each type.

Area variance

Area variances are the most common type of variance in real estate for homeowners and are frequently approved. An area variance allows property owners to make physical changes to a property that are typically restricted.

These variances can be denied, however. For instance, if the owner fails to demonstrate adequate difficulty in complying with zoning laws or that other remedies don’t exist for their problem. In addition, if the proposed variance could pose a negative impact to the neighborhood, it could be rejected.

Examples of area variances include:

• Putting up a fence where fences aren’t customarily permitted
• Building a structure closer to a roadway or property line than permitted
• Building a structure that’s larger in square footage or taller than permitted

Use variance

A use variance allows you to use or operate your property in a manner typically restricted by zoning requirements. These too can be denied. For instance, if the impact to the community would be heavy and negative, it could be rejected. Imagine a homeowner wanting to run a loud business in a residential area, or similar examples. Neighbors may object to something that impacts them in a negative way.

Examples of use variances are:

• Renovating a single-family home into a multifamily home
• Opening a commercial business in a residential district
• Building an industrial facility in an agricultural zone

How to get a variance in real estate

Getting a variance is not a quick or easy process. For simple variances, the process might only take a few months, but for more complex variances, the process can take a year or more. So, you may need to be patient when seeking a variance.

Also helpful is hiring a real estate attorney to guide you through the process. Because applying for and receiving a variance has many steps, an experienced professional can save a lot of headaches and time.

Here are the steps you’ll need to take to get a variance.

Step 1: Fill out an application

After contacting the local planning department to verify the zoning laws governing your property, you’ll need to fill out an application for a variance. You’ll need to give a detailed reason why you need this variance and submit relevant documentation with the application.

Step 2: Write a variance letter

This is where you plead your case to the governing board. You’ll need a persuasive argument detailing the hardship the restricting zoning law imposes on your property and why it’s unique. Additionally, you’ll need to show a compelling argument why your plans won’t negatively impact the neighborhood.

Step 3: Wait for a decision

Waiting is often the most difficult part of any process. Here is no different. This might take weeks. It might also include a public hearing during which objections to your variance request can be heard. You should attend this hearing and state your case.

Step 4: Appeal any rejections

If your variance is denied, it’s not necessarily the end of the story. You’ll have a window of opportunity to file an appeal. For this to succeed, it might be helpful to modify your plans in a way that they come closer to complying with the pertinent zoning laws.

Tips for getting a zoning variance

Here is some advice on how to increase the odds of success when applying for a variance.

Tip #1: Hire a professional. The variance process is complex and delicate. Having an experienced real estate attorney is a solid investment.

Tip #2: Do your homework. Visit the planning department and talk to neighbors to see if similar variances have been granted and what the possible objections might be. Ask neighbors if they’d oppose your request or if they’d support it during a public hearing.

Tip #3: Create a compelling argument. This means not only giving thoughtful and detailed reasons for your need but also presenting it in a logical and clear way. You may want to seek advice from an attorney or another expert to help you state your case.

Tip #4: Over-prepare for a public hearing. In a public hearing, you want to give a compelling presentation and have a good answer to any potential objections. Think of this as a court case in which you are the defendant.

FAQ

Here’s are quick answers to some common questions about real estate variances.

What does variance mean in zoning?

A variance is official permission from a local government that gives an owner of a property an exception from a specific zoning regulation.

Can neighbors stop a variance?

They can’t directly stop you from getting a variance, but they often have the right to voice objections in a public hearing. Their concerns could influence the zoning board’s decision.

Does a zoning variance expire?

Some do, if the owner doesn’t act on them within a certain time frame. The timeframes vary by jurisdiction, but they are spelled out when the variance is granted.

Is it hard to get a zoning variance?

This depends on the variance requested, the local government, and many other factors. The most challenging part will be proving the hardship imposed by the zoning law is great and the community will not be negatively impacted by your proposed plans.

How much is it to rezone a property?

Rezoning costs vary widely from county to county. They can range from a few hundred dollars for simple cases in less-populated counties to several thousand dollars for complex cases in big cities.

The bottom line: Applying for a variance can take time and patience

If zoning laws are preventing you from making important changes or additions to your property, all is not lost. Variances provide a way for property owners to receive exceptions to zoning regulations.

Attaining a variance is a complex process that should be planned carefully. It’s wise to consult a real estate attorney, along with preparing a compelling case for your needs. You’ll have to show that the zoning law in question results in significant hardship and that your plans won’t negatively impact your community.

If you’re ready to move forward with buying a home, you can reach out to Rocket Mortgage to explore your loan options.