A variance is an exception to the rules contained in the zoning code. Variances are available to do justice in cases where the strict application of the rules would be unfair or inappropriate.
Use Variances vs. Area Variances
Exceptions to rules governing the use of the property are “use variances.” Exceptions to setbacks, heights, minimum lot sizes, and parking requirements are “area variances.” Most zoning codes allow area variances but prohibit use variances.
Requirements
- Special circumstances affecting the property that do not apply to other properties
- The owner must not have created the special circumstances
- The variance must be necessary for preservation of property rights
- The variance will not be materially detrimental to the neighborhood
Conclusion
If there is something special about your property that makes it difficult to comply with existing zoning, consider applying for a variance.