Zoning Variance — Definition & When It's Needed

Definition

A variance is a municipal approval granting an exception to a specific zoning requirement, such as a setback or height restriction, typically requiring the applicant to demonstrate a hardship unique to the specific property. Unlike a conditional use permit, which addresses permitted use, a variance addresses a specific dimensional or physical requirement of the zoning code.

Variance vs conditional use permit

Approval type	What it addresses
Variance	Exception to a dimensional/physical requirement (setback, height)
Conditional use permit	Approval for a use not automatically permitted

What to watch for before committing

Demonstrated hardship requirement

Understand that variances typically require showing a genuine hardship unique to the property, not just general preference or convenience.

Approval timeline realism

Get a realistic timeline estimate for the variance process, since it often involves a public hearing similar to a CUP.

Lease contingency protection

If leasing a property requiring a variance for your intended building modifications, make the lease contingent on successful approval.

Existing variances on the property

Ask whether the property already has any existing variances, which could affect your intended use or future modifications.

Public opposition risk

Understand whether the requested variance is likely to generate neighbor or public opposition.

Cost of the application process

Budget for application fees and any required studies as part of the variance process.

When you need to know this

Building modifications that don't meet standard requirements — seeking an exception to a specific dimensional zoning rule
Evaluating a property with unusual physical constraints — understanding whether variances might already apply or be needed
Planning site improvements or expansions — navigating the variance process for changes that exceed standard zoning parameters
Assessing feasibility before committing to a site — understanding hardship requirements before pursuing a variance application

Frequently asked questions

What is a zoning variance? +

A variance is a municipal approval granting an exception to a specific zoning requirement, such as a setback or height restriction, typically requiring a demonstrated hardship unique to the property.

What is the difference between a variance and a conditional use permit? +

A variance addresses an exception to a specific dimensional or physical zoning requirement, like setback or height, while a conditional use permit addresses approval for a use not automatically permitted under the zoning designation.

How hard is it to get a variance approved? +

This varies significantly by jurisdiction, but variances generally require demonstrating a genuine hardship unique to the property, which can be a higher bar than simply showing general preference or convenience.

Should I lease a property that requires a variance for my intended use? +

Proceed cautiously and make your lease contingent on successful variance approval, since the process can be uncertain, time-consuming, and isn't guaranteed to succeed.

Ready to verify your zoning requirements?

Browse available industrial listings across every U.S. market, or get a free availability report from our team.

Search Listings Get Free Report