Codes & Permits

Variance

Also known as: Zoning Variance, Code Variance

A formal exception granted by the AHJ allowing a project to deviate from a specific code or zoning requirement when strict compliance is impractical.

A variance is a formal exception to a code or zoning requirement granted by a board of adjustment, zoning board, or building official under specific procedures. Common variance types: zoning variances (setback reduction, height increase, parking reduction, use exception), and building code variances (alternate methods of compliance with code provisions). Variances typically require a public hearing, notice to neighbors, demonstration of unique hardship, and findings that the variance does not undermine public safety or the intent of the code.

Variances take time and money. The application process commonly runs 8 to 16 weeks including hearing scheduling. Hearing fees, legal representation, and design modifications to demonstrate the variance basis all add cost. Variances are not guaranteed; the board can deny, approve with conditions, or approve as requested. On projects that depend on a variance, secure it before bidding the construction work; bidding contingent on variance approval is high-risk because a denial can wipe out the project entirely.

Frequently asked questions

When is a variance needed?+

When the project cannot comply with a specific zoning provision (setback, height, parking, use restriction) or building code provision and the project owner wants formal AHJ approval to deviate. Routine code interpretations are handled by the building official; formal variances require a board hearing.

How long does a variance application take?+

Typically 8 to 16 weeks: application preparation (2 to 4 weeks), hearing notice and preparation (4 to 8 weeks), public hearing (1 day), and post-hearing documentation. Major or contested variances can run longer if appeals or rehearings happen.

What does it cost to apply for a variance?+

Application fees ($500 to $5,000+ depending on jurisdiction), legal and design support to prepare the application ($5,000 to $50,000+ depending on complexity), and the carrying cost of the project schedule extension. Always price variance applications into the project budget separately from construction.

Related terms