Zoning Variances Explained: A Guide for First-Time Homebuyers

By Julie Marion, Founder of The First Time Homebuyer Workshop

What is a zoning variance?

A zoning variance is an exception granted by the local government, usually through a review process, that allows the property to "vary from" the strict application of the zoning code due to unusual physical circumstances.

Why zoning matters when buying a home

Buying a home isn’t just about the home "structure"—it’s about the rules that apply to the land. One of the trickiest areas for new buyers is understanding zoning and variances.

If you’ve ever looked at your city’s zoning code, you know how confusing it can be. Every property has a zoning designation, and each zone comes with its own development regulations. These rules control where you can build, how high, and sometimes even how you can use your land.  Within the zoning code there will be a zoning variance process. 

The details of a variance?

A variance is official permission to deviate from the zoning code’s rules. It usually applies to structures over 36 inches in height (that threshold is tied to building permits). For example, if you want to add a shed, deck, fence, gazebo, or hot tub, the city applies the zoning regulations to your lot and defines the “buildable envelope.”

If the rules don’t allow what you want, you may apply for a variance.

👉 Important: Variances do not apply to land use.

• Use = what’s happening on the property (e.g., residential living, a home business, farming).

• Variance = the physical structures on the land.

How does the variance process work?

• In some jurisdictions, you’ll go through a public hearing before a Board.

• In others, there’s an administrative process handled by staff.

• Either way, the decision is based on findings—specific criteria you must meet for approval.

If you can’t meet the findings, your variance will likely be denied (and cost you time and money).

Real life example of a variance recommended for denial

As a former Planning Director, I saw this firsthand. In one case, a homeowner wanted to build a fireplace directly on her property line. There were no hardship factors—she simply wanted it. I recommended denial, but the political board approved it anyway, with the condition she build it immediately.

💡 Lesson: Staff recommendations matter, but sometimes elected boards decide differently.

Variances vs. Conditional Use Permits

Sometimes buyers confuse variances with conditional uses or special permits.

• A variance adjusts physical rules like setbacks, height, or building envelopes.

• A conditional use allows a use that isn’t normally permitted in the zone, if certain conditions are met.

• In some cases, a zoning code amendment may even be required.

Because every city or county thinks their zoning is “unique” (what we used to call designer zoning), the terminology may vary. But the process is similar across the U.S.—it’s all land use law at the core.

Why First-Time Buyers Need to Care

Do you need to know this when buying a home?
✅ Absolutely.

Here’s why:

• If you want to remodel, expand, or add outdoor features, zoning dictates what’s possible.

• If your vision doesn’t align with regulations, you’ll need a variance or permit—which isn’t guaranteed.

• Knowing the process upfront helps you avoid disappointment, surprise costs, and even homebuyer remorse.

In fact, as recently as November 2023, surveys showed 92% of homebuyers reported remorse—often because of issues like zoning, restrictions, and property rules that no one explained to them.

That’s why in The First-Time Homebuyer Workshop, I walk students step-by-step through zoning analysis, so you know your way around the code before you buy.

• Access free resources, including our mini-class “Homebuying Chaos Unwrapped!” Let’s make your homeownership dream a reality—without the regret!
• Jump into The First Time Homebuyer Workshop and leave homebuyer remorse in the dust!

By learning now, you can avoid future regrets and ensure your first home is one of your most rewarding investments.

Zoning & Variance FAQ for First Time Homebuyers

1. What is the difference between a variance and a conditional use permit?
A variance allows flexibility on how structures are built (height, setbacks, placement). A conditional use permit allows flexibility on what activities or uses are allowed (like adding a home business in a residential zone).

2. Can a variance be denied?
Yes. If you can’t meet the required findings (like hardship, safety, or neighborhood compatibility), your variance will likely be denied. That’s why working with staff is crucial.

3. Do variances stay with the property if it’s sold?
In most cases, yes. Variances are tied to the property, not the owner. That means future buyers benefit from the approval as well.

4. Why should first-time homebuyers research zoning before buying?
Because zoning regulates what you can do with your property. Without checking, you could buy a house and later discover you can’t add the shed, garage, or expansion you dreamed of.

5. What if my city calls the variance process something else?
Don’t worry—it’s still the same concept. Some towns rename terms, but in practice, it’s all land use law. Always check the definitions in your local code.

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

#LandUseLaw #Variance #FirstTimeHomebuyers #HomeownershipGoals #WealthBuilding #MortgagePlotPlan #Knowbeforeyoubuy #AvoidHomeBuyerRemorse #TheFirstTimeHomeBuyerWorkshop