What Is a Variance, and When Should I Apply for One?

March 16, 2026 | Kristi Kandel

ASK:

What is a variance, and how do I know if my project actually needs one?

ANSWER:

A variance is a formal request to deviate from a specific zoning requirement. Common examples include setbacks, height limits, parking counts, or lot coverage.

Variances are not meant to fix bad design or make projects more profitable. They exist to allow reasonable use of a property when unique site conditions make strict compliance impractical.

When a Variance Makes Sense

A variance may be appropriate if:

• The lot has an unusual shape or size
• There are topographic or environmental constraints
• Existing buildings limit what can be built
• Strict application of the code would create unnecessary hardship

The hardship must relate to the property itself, not the developer’s goals or financial return.

What the Approval Process Looks Like

Variance requests usually require:

• A formal application
• Written justification explaining the hardship
• A public hearing before a zoning or adjustment board

These hearings add time and cost, so variances should be treated as a last resort rather than a default strategy.

Common Mistakes Developers Make

The most common mistake is assuming a variance is easy or automatic. Approval standards are strict, and boards often deny requests that appear to be driven by convenience or profit rather than true hardship.

Whenever possible, redesign the project to comply with zoning first. Variances should support reasonable development, not stretch the code.

KEY TAKEAWAYS:

• Variances allow limited relief from zoning rules when hardship exists.
• They require public hearings and clear justification.
• Designing within the code is always the safer first step.

PEOPLE ALSO ASK:

How long does a variance process usually take?

Typically, two to four months, depending on meeting schedules and notice requirements. However, they can take much longer in some jurisdictions and can be highly contested.

Can I request multiple variances at once?

Yes. Many applications include several related requests in one hearing. 

What happens if a variance is denied?

You may revise the project, appeal the decision, or abandon the approach depending on local rules. However, if a variance is denied the likelihood of an appeal being approved is typically low. 

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