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A Variance is a "variation" from the requirements of the Zoning Code for a certain type of construction or use.
A real estate variance is an exception to local zoning regulations that allows homeowners or investors to either develop or use their real estate in ways that are normally not allowed. A variance in real estate must be requested from local zoning boards and are only awarded on a case-by-case basis.
Examples of area variances include: Putting up a new fence where fences aren't usually permitted. Building a structure closer to the roadway or property line than is normally permitted. Building a structure that's larger or higher in square footage than is customarily allowed.
As defined by state law, an ?area variance? is ?the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.?2 In contrast, the more elusive use variance is defined as ?[t]he authorization by the ...
A variance is a request for relief from the strict application of zoning regulations to alleviate an unusual hardship to a particular property.
Getting a variance simply means you are allowed to make the requested changes. Area variances are the most common type of zoning appeals. Area variances refer to a request to change a physical aspect of the property rather than the way the property is used.