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Real Property • Zoning
PROP#253
Legal Definition
A variance is a departure from a zoning restriction granted by administrative action. It requires the property owner to demonstrate that the ordinance causes a unique hardship on them and they need a variance in the rules in order to avoid that hardship. Additionally, they must show that the variance will not have a negative impact on the public.
Plain English Explanation
Variances allow for some flexibility in zoning ordinances. It provides permission to depart from the strict, literal terms of the zoning ordinance.
Hypothetical
Hypo 1: Amy owns a house in neighborhood in HypoTown. HypoTown has a zoning ordinance that forbids any structure to be built within 5 feet of the public sidewalks. Amy's house has stairs, which usually aren't a problem, however, Amy has recently suffered a tragic accident leaving her permanently in a wheelchair. Amy would like to build a ramp to her front door, but doing so would require building within 5 feet of the sidewalk. Result: Amy would need to request a variance. Here, she will argue that she has a unique hardship that can only be remedied by a variance, and that adding the ramp will not cause harm to the public (for example, it won't drastically reduce the home values around her or make them less safe). As such, the zoning board will likely grant Amy her variance, giving her specific permission to depart from the zoning restrictions and build her ramp within 5 feet of the public sidewalk.
