When it comes to real estate, a variance can help a property owner get around zoning regulations. An example could be if a business owner purchases a property that is zoned for residential use, but they want to open a commercial location. Even though it is not in a commercial zone, a variance may give them the ability to operate the business anyway.
We recently discussed when variances are typically approved. They are often used if the lack of a variance creates an undue hardship, for example. The government will also consider whether there would be a detrimental impact on neighboring properties. If there is not, the variance is more likely to be approved.
The zone stays the same
But even when these conditions are met and a variance is issued, that does not actually change the zoning at all. The hypothetical property noted above is still a residential property. The owner has just been given a variance to allow them to begin commercial operations.
This is an important distinction to make. For one thing, if that person buys another property in the same area, they should not automatically assume that commercial operations will be allowed.
The same is true for other potential owners. If someone else buys a neighboring property, they may want to open their own business, but they would need to get their own variance in order to be legally permitted to do so.
A variance is not guaranteed, and every case is unique, but it can be a useful tool when purchasing or developing real estate. Property owners need to understand exactly what steps to take and what legal options they have.