The act of varying or the state of being variable.
variance in U.S. law
• A difference between what is expected and what is observed; deviation.
• The state of differing or being in conflict.
• An official permit to do something that is ordinarily forbidden by regulations.
• A discrepancy between two legal documents.
• A departure from a cause of action originally in a complaint.
• The second central moment in probability; the square of the standard deviation.
• The number of degrees of freedom in a system.
• Covariance and contravariance generally.
Key takeaways
- A variance allows deviations from zoning laws.
- It permits specific uses of property not typically allowed.
- Variances are crucial for property development and use.
In plain English
A variance is a special permission granted by local authorities that allows a property owner to use their land in a way that differs from the usual zoning rules. For example, if zoning laws prohibit building a structure closer to the street than a certain distance, a variance might allow a homeowner to build closer than that limit.
The practical impact of variance
Understanding variances is essential for property owners and developers because they provide flexibility in how land can be used. Without the possibility of obtaining a variance, many property owners would be unable to utilize their land effectively, potentially leading to disputes or underutilization of property. Variances help balance individual property rights with community planning and zoning regulations.
variance — procedural details
To obtain a variance, a property owner typically must apply to their local zoning board or planning commission. The application usually requires a detailed explanation of why the variance is needed and how it will not negatively impact the surrounding area. Public hearings may be held to gather community input. The authority will then decide whether to grant or deny the request based on established criteria, such as hardship or unique property conditions.
Examples
Scenario: Maria wants to build a garage closer to the street than allowed by zoning laws.
Outcome: She applies for a variance and is granted permission to build closer.
Scenario: James owns a restaurant but wants to extend his outdoor seating area beyond zoning limits.
Outcome: After a public hearing, he receives a variance to expand his seating.
Frequently asked questions
What is a variance in zoning law?
A variance is a special permission that allows property owners to deviate from zoning regulations.
Why would I need a variance?
You might need a variance if you want to use your property in a way that's not typically allowed by local zoning laws.
How do I apply for a variance?
To apply for a variance, submit an application to your local zoning board, including your reasons and supporting information.