What is a Variance in Construction?

Introduction

In the realm of construction and urban planning, a variance is a legal mechanism that allows for deviations from the established zoning regulations or building codes. It is essentially a form of relief granted by local government authorities when strict adherence to the rules would result in practical difficulties or unnecessary hardships. Understanding the concept of a variance is crucial for developers, builders, and property owners who may encounter situations where their construction plans conflict with existing regulations.

The Purpose of Variances

Flexibility in Zoning Regulations

Variances provide flexibility within the rigid framework of zoning laws, enabling adjustments to be made in response to unique circumstances or site-specific challenges. They ensure that zoning regulations do not become overly burdensome or obstructive to reasonable development.

Balancing Public and Private Interests

By granting variances, local governments can balance the public interest in maintaining orderly development and land use with the private interests of property owners. This helps to ensure that individual property rights are respected while upholding the overall vision for the community.

Types of Variances

Area Variances

Area variances are commonly sought for issues related to physical dimensions, such as setbacks, lot coverage, or building height. These variances allow for modifications to the spatial requirements outlined in zoning laws.

Use Variances

Use variances permit a departure from the designated use of a property as specified in the zoning ordinance. For example, a use variance might allow a commercial enterprise to operate in a zone typically reserved for residential use.

The Variance Application Process

Submission of an Application

To obtain a variance, the property owner or developer must submit an application to the local zoning board or planning commission. The application typically includes detailed plans, justification for the variance, and evidence of the hardship or practical difficulty.

Public Hearing and Review

A public hearing is usually held to allow community members and other stakeholders to provide input on the proposed variance. The zoning board then reviews the application, considering factors such as the impact on the neighborhood, consistency with the comprehensive plan, and adherence to the criteria for granting variances.

Considerations and Challenges

Criteria for Approval

Variances are not granted automatically; applicants must demonstrate that their request meets specific criteria, such as proving that the variance is the minimum necessary to alleviate the hardship and that it will not negatively impact the surrounding area.

Potential for Appeal

Decisions on variance applications can be appealed by the applicant or other affected parties. The appeals process can involve further review by a higher authority or, in some cases, litigation.

Conclusion

A variance in construction is a crucial tool that provides flexibility within the rigid structure of zoning laws and building codes. It allows for reasonable deviations to accommodate unique property characteristics or hardships, ensuring that development can proceed in a manner that balances private interests with the public good. Understanding the variance process and its implications is essential for anyone involved in property development or construction projects.