Don't Buy a House Until You Understand This Zoning Secret: What is a Variance?

What Is a Variance in Real Estate?

A variance in real estate is permission granted by a local government allowing a property owner to deviate from specific zoning regulations when the property cannot reasonably comply with the zoning code, anywhere else too, on the lot in question. Variances commonly involve setbacks, height limits, lot coverage, or structure placement.

Buying your first home is exciting. You’re thinking about paint colors, where the couch is going to go, maybe putting in a fence for the dog, adding a storage shed, or someday building a beautiful deck out back.  Everything feels exciting…

 Until someone at the town hall says:  “You can’t do that.”

And suddenly you’re introduced to one of the most overlooked concepts in real estate: A zoning variance.

 Now I know what you’re probably thinking…“Julie, this sounds painfully boring.”

And honestly? I get it.

 But let me tell you something after nearly 40 years in urban planning and real estate:

This is EXACTLY the kind of topic that creates homebuyer remorse later if buyers don’t understand it upfront. Because zoning laws directly impact:

•  what you can build
• where you can build
• what you can use your property for
• and sometimes whether your future plans are possible at all

 Many first-time homebuyers never think about zoning until AFTER they own the property.

That’s backwards and unfortunately, that lack of education is one reason so many buyers end up frustrated after purchasing a home.

Why Zoning Laws Matter More Than Buyers Realize

At The First Time Homebuyer Workshop we focus heavily on helping buyers understand the entire homebuying process — not just how to qualify for a mortgage.

Because buying a house involves a whole ecosystem of professionals: >> lenders, inspectors, brokers, attorneys, appraisers, title companies, municipal staff, and zoning officials to name a few .....

Each industry has its own language, procedures, and regulations. And somehow buyers are expected to absorb all of that information while making one of the largest financial decisions of their lives.

 It’s overwhelming. So I took my one-on-one approach to help as many first time homebuyers as i could in this information age! I'm excited about this process for you and I believe first time buyers deserve more than: “Congratulations… here are your keys.”  Homebuyer Remorse Is Real and I'm here to say NO MORE!

One of the biggest problems in real estate is that buyers are educated heavily on financing…but not educated enough on property usability. As recently as late 2023, studies showed that over 90% of homebuyers experienced some level of remorse after purchasing a home. That statistic should concern everyone in this industry. Because many buyers discover limitations AFTER they purchase:

• zoning restrictions
• permit problems
• setback requirements
• HOA limitations
• drainage issues
• future development nearby
• or land use conflicts

 And by then? It’s too late. That’s why understanding zoning before you buy matters so much.

What is a Variance in Real Estate?

A variance is a legal process that allows a property owner to request relief from certain zoning regulations under specific circumstances.  In simpler terms: A variance allows someone to ask permission to deviate from part of the zoning code when the property cannot reasonably comply with the standard regulations.

The word itself gives it away: Variance = varying from the code.

But this does not mean: “I can do whatever I want on my property.” Not even close.

• There are rules.
• Findings.
• Procedures.
• Public hearings in some cases.
• And sometimes political drama too.

 Oh yes… I’ve seen plenty of that over the years.

Why Variances Exist

Zoning codes are not static because 

• Communities evolve.
• Technology changes.
• Society changes.
• Courts make rulings.
• Problems emerge.

And zoning regulations have to adapt. (Much like other parts of the home buying process (ie you may have heard about the lawsuit where sellers won and were awarded 1.7 billion which effectively bankrupt the real estate association NAR in my opinion)

Years ago, zoning ordinances barely discussed:

• cellular towers
• Airbnb rentals
• solar panels
• home offices
• accessory dwelling units
• electric vehicle infrastructure

Now municipalities everywhere are scrambling to regulate those issues.

• Sometimes zoning language becomes outdated.
• Sometimes the wording is unclear.
• Sometimes courts force municipalities to rewrite portions of the code.

Because no zoning ordinance can perfectly predict every situation, the variance process exists to provide flexibility when unique circumstances arise.

What Does a Variance Apply To?

This is where many buyers get confused.A variance usually applies to physical development standards on the property.Things like:

• sheds
• garages
• fences
• decks
• patios
• additions
• gazebos
• hot tubs
• accessory structures

 They apply to the physical structures on the property - nothing else. 

 Variances often involve:

• setbacks
• height limits
• lot coverage
• building placement
• development envelopes
• or minimum yard requirements

What Is a Setback? A setback is the required distance between a structure and the property line and there are typically four setback for each property - everywhere (front, side, back and rear)

These regulations control how close structures can legally be built to neighboring properties or roads. And trust me…sometimes these setbacks get VERY restrictive.

Especially on:

•  oddly shaped lots
• small lots
• waterfront property
• corner lots
• hillside properties
• or older subdivisions

The “Buildable Area” of Your Property

 When planners review a property, they apply all zoning regulations to the lot. And here’s the important rule: If multiple regulations apply to the same issue, the MOST restrictive requirement usually controls. After applying:  setbacks, easements, drainage restrictions, utility requirements, slope regulations, floodplain limitations…you are left with what planners often call: the buildable area or development envelope.

That is the legal portion of the lot where structures can actually go. If your future shed, garage, or addition does not fit within that area… you may need a variance.

Variances Usually Don't Apply to Property Use

“Use” refers to what activities happen on the land. This is extremely important. A dimensional variance is different from changing the USE of the property.  

Examples include:

• residential use
• commercial use
• agricultural use
• short-term rentals
• home-based businesses
• keeping livestock

If you want to change the actual use of the property, you are often dealing with:  

• conditional use permits
• special permits
• zoning amendments
• or land use determinations

Completely different process.

The Variance Approval Process

Every town handles variances a little differently. 

Some communities require:

• public hearings
• notices to neighbors
• testimony before a board
• formal applications
• engineered site plans

Other municipalities handle certain requests administratively through staff review. And yes…

many towns rename their procedures to sound unique. One of my former supervisors used to jokingly call this: “Designer Zoning.”

Because every municipality thinks their process is special.

But at the core?

Most of the legal principles are very similar.

What Are “Findings” in a Variance Request?

This is one of the most important concepts in zoning law.

A variance is not approved simply because: “the homeowner wants it.”

The applicant must usually prove specific legal findings.

Depending on the municipality, those findings may involve:

• hardship
• unusual lot shape
• topography
• physical constraints
• inability to reasonably use the property otherwise
• consistency with surrounding properties

If those findings cannot legally be made… the variance may be denied.

And unfortunately, variance applications can become expensive quickly.

A Real Story From My Career as a Planning Director

When I worked as a Planning Director, our department routinely approved variances when the legal findings were supported. But one case still sticks in my mind.

A homeowner wanted to build a kiva fireplace directly on the property line. When I reviewed the lot, there were no unusual hardships: no floodplain, no hillside issues, no strange lot shape, no physical constraints She simply wanted it there because she liked the location. So staff recommended denial. But the approving board — which was political — approved it anyway. Their condition? She had to build it immediately. As a planner, I was honestly annoyed because technically the findings were weak. Now she has died and the government jurisdiction has set a precedent - Annoying! 

That experience taught me something important:

Zoning decisions are often technical… but sometimes politics and public opinion influence outcomes too.

Why Buyers Should Review Zoning Before Purchasing a Home

You may think: “I’ll figure all this out later.”

Please don’t. Because future plans matter. Maybe today you’re buying the house because:

• it fits your budget
• it’s close to work
• it’s in a good school district

But five years from now? You may want:

• a detached garage
• a workshop
• a pool
• an accessory dwelling unit
• a home office
• an addition for aging parents

 And if zoning restrictions prevent those plans…that can create serious frustration and maybe even a consideration of selling (which is a whole other topic - when should you sell and what to look for?)

Understanding zoning BEFORE closing gives you:

• better long-term planning
• fewer surprises
• more confidence
• and a clearer understanding of your property rights

You Are the CEO of Your Homebuying Journey --- I say this all the time: When you buy a home, you are promoted to CEO of your property. And good CEOs understand:

• rules
• risks
• opportunities
• restrictions
• and future planning

The real estate industry spends enormous time teaching buyers: “What can you afford?” Selling you a home and selling you a mortgage. 

But not enough time teaching: “What can you legally DO with the property?”

That needs to change. And that’s exactly why zoning analysis is part of our educational process at The First Time Homebuyer Workshop. Because informed buyers make better decisions.

And better decisions help reduce homebuyer remorse.

Frequently Asked Questions About Variances and Zoning

• What is a zoning variance?  A zoning variance is permission granted by a local government allowing a property owner to deviate from specific zoning regulations under certain legal circumstances.
• What is a setback in zoning? A setback is the required distance between a structure and a property line, road, or easement.
• What does a variance apply to? Variances typically apply to dimensional standards such as: setbacks, height restrictions, lot coverage, and structure placement
• Can a variance change property use? Usually no. Property use changes often require: conditional use permits, special permits, or zoning amendments
• Why would someone need a variance? Property owners may need a variance when: the lot is unusually shaped, physical conditions limit development, zoning rules prevent reasonable use of the property, or proposed structures cannot meet setback requirements
• Should first-time homebuyers review zoning before buying? Absolutely. Zoning regulations can impact: additions, sheds, fences, pools, home businesses, accessory dwelling units, and future property improvements

Understanding zoning before purchasing helps buyers make more informed long-term decisions.

🚀 Ready to Go From Overwhelmed to Confident?

Do you think Well I learned so much here - I got this! Well this is meant to be a safe place a "learning place but there is a whole lot more to know - you can't imagine! If you want a step-by-step, no-fluff roadmap to buying your first home: 👉 Visit TheFirstTimeHomebuyerWorkshop.com

Because buying your first home shouldn’t feel like guessing.

It should feel like a plan.

About the Instructor

Julie Marion combines 20 years in urban planning and 20 years as a real estate broker to help first-time buyers understand the important influences in buying a home. She’s taken her one-on-one approach and made it available to all first time home buyers in The First Time Homebuyer Workshop.  

  Disclaimer: This content is intended to educate first time homebuyers and let you know there are options. Discussing the issues with the professionals you hire during your home buying journey is prudent. We are not recommending or advising you on your financial or legal situation

Let’s demolish homebuyer remorse together—one empowered buyer at a time.

 Julie Marion 

Founder of The First Time Homebuyer Workshop, homebuyer educator, Urban Planner, Freddie Mac Credit Counselor, Real Estate Broker, Podcast Host, You Tube Contributor.

www.TheFirstTimeHomebuyerWorkshop.com