Variance
In the context of location intelligence and home buying, a variance is a crucial concept to understand when evaluating a property or neighborhood. Zoning laws and ordinances are put in place by local governments to regulate land use, building size, density, and other aspects of development within specific areas. However, in some cases, a property owner may seek permission to use their land in a manner that deviates from these regulations.
When a property owner wishes to use their land in a way that is not permitted under the current zoning regulations, they may apply for a variance. The local zoning board or planning commission will review the application and consider factors such as:
- Hardship: The property owner must demonstrate that the zoning regulations create an undue hardship, making it difficult or impossible to use the land in a reasonable manner.
- Unique circumstances: The need for the variance should arise from unique characteristics of the property, such as its shape, topography, or location, rather than from the general conditions of the neighborhood.
- Public interest: Granting the variance should not be detrimental to the public health, safety, or welfare, nor should it go against the spirit and intent of the zoning ordinance.
If the zoning board approves the variance, the property owner can proceed with their proposed land use, even though it does not conform to the standard zoning regulations. Variances can be granted for various purposes, such as allowing a homeowner to build an addition that encroaches on setback requirements or permitting a business to operate in a residential area.
When purchasing a property, it is essential to be aware of any variances that have been granted, as they can affect the use and value of the property. Homebuyers should also research the likelihood of obtaining a variance if they plan to use the property in a way that would require one.