law
variance
A variance is permission from a local zoning authority to use or build on a property in a way that departs from the strict terms of the zoning ordinance. It is usually granted when following the rule exactly would cause unusual hardship due to the property's unique conditions, such as an odd shape or steep slope. Area variances are more common than use variances, and procedures vary by locality.
- Exam tip
- Do not confuse a variance (permission to deviate from the rules) with a nonconforming use (a use that existed before the rule changed) or a special-use permit (a use the ordinance allows under conditions).
- Example
- Zoning requires a 25-foot rear setback, but an owner's lot is unusually shallow. The zoning board grants a variance allowing a 15-foot setback.
Related terms & state variants
Sources
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Last verified: 2026-10-23