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What is a Zoning Variance?
A zoning variance is official permission granted by a municipal authority to a property owner, allowing them to depart from the literal enforcement of a zoning ordinance. This exception is typically granted when the property owner can demonstrate that strict adherence to the zoning code would cause practical difficulties or unnecessary hardship not of their own making.
A variance does not change the zoning law itself but provides a waiver for a specific property under specific circumstances, such as allowing a short-term rental in a zone where it is not explicitly permitted.
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How it works
A property owner seeking a variance must first file an application with their local zoning board or planning commission, detailing the requested deviation and the reasons for it, along with supporting documents and a fee. The board then holds a public hearing where the applicant presents their case and community members can provide input.
The board evaluates whether the request meets specific legal criteria, such as proving unnecessary hardship and showing the variance won't negatively alter the neighborhood's character. If approved, the variance is granted, often with specific conditions attached.
Why it matters
For vacation rental operators, a zoning variance can be the critical legal mechanism that makes their business possible. In many municipalities, short-term rentals are restricted or prohibited in certain residential zones.
Securing a variance can provide the legal authority to operate, protecting the owner from fines, shutdowns, and legal disputes, and providing long-term security and stability for the rental business.
Examples
- An owner's property is in a residential zone where short-term rentals are forbidden, but it contains a separate guest house that has historically been used for lodging. They apply for a variance to legally operate it as a vacation rental, arguing that prohibiting this use constitutes an economic hardship.
- A host wants to convert part of their historic home into a B&B, but current zoning requires more off-street parking than their lot allows. They seek a variance from the parking requirement, demonstrating that the historic nature of the property makes adding parking impossible without destroying its character.
- An investor buys a property in an area where local ordinances prohibit renting out a home for fewer than 30 days. They apply for a variance to operate as a short-term rental, presenting evidence that other properties on the same block have previously been granted similar exceptions.
Frequently asked questions
Is a zoning variance the same as a conditional use permit?+
Does a zoning variance ever expire or get revoked?+
What is the most common reason a variance request is denied?+
Related terms
Zoning Laws
Zoning laws are municipal or county regulations that dictate how property in specific geographic zones can be used, which directly impacts the legality and…
Conditional Use Permit
A conditional use permit is a zoning exception that allows a property owner to use their land in a way not normally permitted by its zoning designation…
STR Permit
An STR permit is an official license issued by a local government authority that legally allows a property to be operated as a short-term rental.
Business License
A business license for a vacation rental is an official permit issued by a government authority, granting the holder the legal right to operate a short-term…