Zoning regulations govern how land and structures may be used and where they can be placed. A variance is a permission to deviate from specific zoning rules. The two most common types are area variances and use variances. Understanding the differences helps property owners, developers, and neighbors assess requests, potential impacts, and approval likelihood.
What Is a Variance?
A variance is a legal exception to a zoning ordinance granted by a local board or zoning authority. It does not change the zoning designation but allows a particular property to diverge from the rules to address unique circumstances. Variances are typically considered when strict application of the code creates unnecessary hardship or practical difficulties for the landowner.
What Is an Area Variance?
An area variance relaxes dimensional or bulk standards related to the physical characteristics of a parcel or structure. Common types include setbacks, height limits, lot coverage, yard dimensions, and floor-area ratios. The key idea is to permit a deviation in how far, how tall, or how much space a project occupies without changing the land’s permitted use.
- Examples: a smaller front yard setback, increased building height, or a taller building than code allows.
- Impact: generally affects construction parameters and site design rather than the type of use.
- Criteria: often requires showing hardship due to unique lot shape, topography, or existing conditions.
What Is a Use Variance?
A use variance alters the allowed category of use for a property. It lets a property operate in a manner not permitted by the current zoning district, such as allowing a retail business in a primarily residential zone or permitting a religious facility in a commercial district. Use variances respond to the suitability of the site for a proposed use rather than its physical characteristics.
- Examples: permitting a small grocery store in a predominantly residential neighborhood, or allowing a place of worship where only offices are allowed.
- Impact: changes the function of the site and may affect traffic, parking, noise, or neighborhood character.
- Criteria: typically requires demonstrating that the use is in the public interest and that there will be no negative impact on surrounding properties beyond what the ordinance accommodates.
Key Differences at a Glance
- Objective: Area variance relaxes dimensional rules; use variance changes the permissible use of the property.
- Triggers: Area variance addresses site design constraints; use variance addresses compatible land uses.
- Common Standards: Both require showing hardship, but area variance emphasizes physical conditions, while use variance emphasizes public interest and impact on neighbors.
- Approval Factors: Area variance often hinges on unique lot characteristics; use variance considers compatibility with zoning goals and surrounding uses.
Process and Standards
The path to either variance typically involves a formal application, public notice, and a hearing. Boards or zoning commissions evaluate against local criteria that may include:
- Unnecessary hardship or practical difficulty if the variance is not granted
- Consistency with the comprehensive plan and zoning district purpose
- Impact on nearby properties, traffic, parking, and public services
- Recommended conditions to mitigate effects, such as landscaping, operating hours, or buffers
Notably, area variances often require less broad community impact analysis than use variances, but both require fair consideration of neighborhood character and long-term land use goals.
What Makes Them Difficult to Obtain?
- Burdens of proof: Demonstrating hardship for area variances and proving public interest for use variances can be challenging.
- Neighborhood opposition: Nearby residents may voice concerns about changes in density, traffic, or noise.
- Future implications: Approved variances can set precedents, influencing future decisions and property values.
Practical Examples
Consider a corner lot with a tight lot width:
- An area variance might allow a garage to encroach into a required side setback, enabling a practical home addition.
- An use variance could permit a daycare center where only offices are allowed, based on demand and safety considerations.
In urban infill projects, a property owner may seek a use variance to convert an underutilized warehouse into a small market or co-working space, balancing economic viability with neighborhood character.
Impacts on Neighbors and the Community
Variance decisions can affect property values, traffic patterns, noise levels, and curb appeal. While area variances focus on site performance, use variances change the activities that occur on the site. Local authorities often require mitigation measures to preserve neighborhood integrity, such as setbacks, hours of operation, or parking demands.
Tips for Property Owners Considering a Variance
- Consult early: Meet with the zoning office to understand applicable standards and documentation needs.
- Gather evidence: Provide site plans, elevation drawings, and expert testimony illustrating hardship or compatibility.
- Engage the community: Attend meetings and address concerns about traffic, lighting, or buffering.
- Consider conditions: Offer reasonable conditions that minimize impact and increase approval prospects.
Conclusion
Area variances and use variances serve distinct purposes within zoning law. An area variance relaxes physical requirements like setbacks or height, focusing on site-specific hardship. A use variance changes what a property can be used for, weighing impacts on neighborhood character and public interest. Understanding these differences helps applicants tailor proposals, anticipate community response, and navigate the regulatory process more effectively.