Zoning Resolution vs Variance in Law - What is The Difference?

Last Updated Feb 2, 2025

Variance measures the degree of spread in a set of data points by calculating the average of the squared differences from the mean. It plays a crucial role in statistics and probability, helping you understand the consistency or volatility within a dataset. Explore the rest of the article to learn how variance impacts data analysis and decision-making.

Table of Comparison

Aspect Variance Zoning Resolution
Definition Official permission to deviate from specific zoning laws. Set of regulations governing land use and property development.
Purpose Allows exceptions due to unique property hardships. Maintains orderly community development and land use standards.
Application Property owner petitions for relief from zoning restrictions. Applies broadly to all properties within specified zones.
Approval Authority Zoning Board of Appeals or similar local entity. City or municipal planning commission and legislative bodies.
Legal Basis Granted based on proving unnecessary hardship or unique conditions. Established by municipal ordinances and land use laws.
Effect Temporarily or permanently relaxes zoning restrictions on a parcel. Defines legal land use, density, building dimensions, and lot requirements.
Typical Uses Adjust setbacks, building height, or land use conditions. Regulate land use types, building codes, and development standards.
Duration Can be permanent or conditional; subject to renewal or revocation. Ongoing and applicable until amended by local authorities.

Understanding Variance in Urban Planning

Variance in urban planning refers to a permitted deviation from zoning regulations that allows property owners to use their land in a way not typically allowed by the zoning code. It provides flexibility in cases where strict adherence to zoning rules would cause unnecessary hardship due to unique property characteristics. Variances are granted by zoning boards after careful evaluation to ensure the deviation does not harm the surrounding community or undermine the intent of the zoning ordinance.

What Is a Zoning Resolution?

A zoning resolution is a legal framework established by local governments to regulate land use, building types, and development standards within specific zones or districts. It defines permissible uses, building heights, densities, setbacks, and other controls to promote orderly growth and community objectives. Variance refers to an exception granted to property owners when strict compliance with the zoning resolution would cause undue hardship or limit reasonable use.

Key Differences Between Variance and Zoning Resolution

Variance provides property owners with exceptions to specific zoning requirements, allowing deviations such as reduced setbacks or increased building height. Zoning resolution, meanwhile, establishes the comprehensive land use regulations and standards that govern property development and use within a jurisdiction. Key differences include variance being a site-specific relief granted on a case-by-case basis, while zoning resolution sets the uniform rules applicable to all properties in designated zones.

When Is a Variance Required?

A variance is required when a property owner seeks an exception to specific zoning regulations that cannot be met due to unique physical conditions of the property, such as irregular lot size or topography. Zoning resolutions set strict rules for land use, building height, setbacks, or lot coverage, and a variance allows deviation from these standards when strict compliance causes unnecessary hardship. Approval typically requires demonstrating that the variance will not negatively impact the surrounding neighborhood or contradict the intent of the zoning ordinance.

The Purpose and Role of Zoning Resolutions

Zoning resolutions establish legally binding regulations that define land use, building types, densities, and development standards within designated areas to ensure orderly urban growth and protect property values. They serve as the primary framework for municipal planning, guiding development to promote the public health, safety, and welfare of communities. Variances provide exceptions to these zoning rules, allowing for flexibility when strict compliance would cause undue hardship, but zoning resolutions remain essential for consistent, long-term land use control.

The Legal Process for Obtaining a Variance

The legal process for obtaining a variance involves submitting a formal application to the local zoning board that demonstrates the hardship caused by strict compliance with existing zoning regulations. Applicants must provide evidence that the variance will not negatively affect surrounding properties or the community's character. Public hearings are typically held, allowing neighbors and stakeholders to present support or objections before the board issues a decision based on regulatory standards.

Authority and Enforcement: Variance vs Zoning Resolution

Zoning resolutions establish legally binding land use regulations enforced by municipal authorities to maintain orderly development and land use consistency. Variances are exceptions granted by zoning boards or planning commissions, allowing deviations from zoning codes when strict enforcement causes practical difficulties or unnecessary hardship. Enforcement of zoning resolutions is systematic and uniform, while variances require case-by-case review, often involving public hearings and legal scrutiny to ensure compliance with broader planning objectives.

Common Scenarios: Variance Requests Explained

Variance requests often arise when property owners seek exceptions to zoning regulations due to unique hardships or physical constraints, such as irregular lot shapes or topographical challenges. Common scenarios include requesting relief from setback requirements, height restrictions, or allowable land use to enable property development or expansion that standard zoning codes would otherwise prohibit. Zoning resolutions provide the baseline rules, while variances offer flexible solutions tailored to individual cases, balancing community planning goals with property rights.

Impact on Property Development and Land Use

Variance allows property developers to deviate from specific zoning regulations, enabling unique land use or building features that would otherwise be prohibited. Zoning resolution establishes the regulatory framework for land use, dictating permissible uses, building heights, densities, and setbacks, directly shaping development patterns and community character. The impact on property development largely depends on obtaining variances, which provide flexibility but require approval, while strict adherence to zoning resolutions ensures compliance and predictability in land use planning.

Navigating Zoning Challenges: Best Practices

Navigating zoning challenges effectively requires understanding the key differences between variance and zoning resolution. Variances provide property owners flexibility by allowing exceptions to specific zoning regulations due to unique hardships, while zoning resolutions establish the governing rules and land-use policies within a jurisdiction. Best practices include thorough documentation of hardship conditions for variance applications, engaging with local zoning boards early, and leveraging legal expertise to interpret zoning resolutions accurately and ensure compliance.

Variance Infographic

Zoning Resolution vs Variance in Law - What is The Difference?


About the author. JK Torgesen is a seasoned author renowned for distilling complex and trending concepts into clear, accessible language for readers of all backgrounds. With years of experience as a writer and educator, Torgesen has developed a reputation for making challenging topics understandable and engaging.

Disclaimer.
The information provided in this document is for general informational purposes only and is not guaranteed to be complete. While we strive to ensure the accuracy of the content, we cannot guarantee that the details mentioned are up-to-date or applicable to all scenarios. Topics about Variance are subject to change from time to time.

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