Variance in Real Estate

A variance is a legal exception given by a local government that allows a property owner to break zoning rules without changing the zoning classification itself.

Author: Casey Turner

Published on: 4/1/2026|13 min read

Fact Checked

Author: Casey Turner|Published on: 4/1/2026|13 min read

Fact Checked

Key Takeaways

A variance lets you use or develop your property in ways that local zoning laws would normally stop you from doing.
Area variances change the physical dimensions of the land, like how far back it can be set or how high it can be, while use variances change how the land can be used.
It's much easier to get area variances approved than use variances.
To get approval from a zoning board, you will need to show that your property's unique physical features are causing you real problems.
A variance usually stays with the property even if the owner changes.
There is a written application, filing fees, a public notice to nearby property owners, and usually a hearing as part of the process.
You can often appeal a denied variance through local government channels or the court system.

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What Is a Variance?

If you drive through most cities or towns, you will notice that similar buildings tend to cluster together. Homes sit next to homes, shops sit next to shops, and factories are grouped in their own areas away from neighborhoods. This isn’t random. Local governments create zoning ordinances that divide land into districts and set rules for what can be built and how each property can be used within those districts. Common zoning classifications include residential, commercial, industrial, agricultural, and mixed-use.

A variance is a formal exception to those rules. It doesn’t change the underlying zoning classification of your property or your neighborhood. Instead, it gives you, the property owner, a one-time pass to do something that the current zoning code would otherwise block. Think of it as the government acknowledging that strict rules can’t anticipate every situation, so there has to be a safety valve for unusual circumstances.

The concept has deep roots in American land use law. The Standard State Zoning Enabling Act, first published by the U.S. Department of Commerce, established the framework that most states still follow today. That framework requires local governments to create zoning boards of adjustment or appeals to hear variance requests. Legal scholars have described the variance process as a “constitutional safety valve” that protects the rights of landowners while still preserving the community’s broader planning goals.

So why does this matter to you as a property owner? Because if you want to build a fence that’s taller than the local limit, add a room that pushes past a setback line, convert a single-family home into a duplex, or run a small business out of a residential property, you will likely need a variance to do it legally. Without one, you could face fines, be forced to undo your work, or even deal with legal action from neighbors or the local government. You have to get permission first.

Types of Variances in Real Estate

Variances fall into two broad categories, and the type you need depends on what you’re trying to accomplish. Understanding this distinction matters because the approval standards, the level of scrutiny, and your odds of success differ between the two.

Area Variances

If you get an area variance, you can ignore the zoning code's physical or dimensional requirements. This includes things like how far your building has to be from the property line (setback distances), how tall it can be, how much of the lot it can cover, the minimum lot size, and the maximum building footprint. You would need to apply for an area variance if you want to build a garage that goes two feet into the required side-yard setback or put up a fence that is taller than the maximum height.

Homeowners ask for these kinds of variances the most, and they get approved more often than use variances. The answer is simple: an area variance doesn't change the neighborhood's character. A house in a residential neighborhood is still a house, even if the side yard is a little smaller. AmeriSave helps home buyers and homeowners deal with these problems all the time, especially in older neighborhoods where lot sizes and shapes don't always fit with modern building codes.

"Practical difficulty" is the standard for granting an area variance in many places. That means you have to show that following the zoning code strictly makes it hard for you to use your property in a reasonable way, not just that you want more space or a bigger garage.

Use Variances

A use variance is a bigger ask. It gives you permission to use your property for a purpose that the zoning code doesn’t allow in that district. The classic example is opening a commercial business in a zone designated for residential use, or building multifamily housing in a single-family district. Real estate investors and developers request use variances more often than individual homeowners do.

Use variances are harder to get. Because they can change the fundamental character of a neighborhood, zoning boards hold them to a higher standard. In most places, you’ll need to prove “unnecessary hardship” rather than just practical difficulty. This is a tougher bar to clear. You have to show that the current zoning restrictions leave you with no reasonable way to earn a return on your property, that the hardship is unique to your land and not shared by the whole neighborhood, and that granting the variance won’t fundamentally alter the area’s character.

Some states don’t allow use variances at all, handling those situations through special use permits or conditional use permits instead. This is one reason it’s important to check your local rules before you invest time and money into an application. You don’t want to spend money on surveys and legal fees only to find out your municipality doesn’t even have a path to get the relief you need.

How to Apply for a Zoning Variance

The details change from city to county to state, but the basic process is the same in most of the country. You can expect this:

The first thing you need to do is find out how your property is zoned. If your city has one, you can usually find this information on an online zoning map, at your county assessor's office, or at your local planning and zoning department. You can figure out which rule you're breaking and what kind of variance you need once you know the current zoning.

After that, you'll send a written request to the local zoning board or board of adjustment. Most applications ask you to explain what you want to do, what zoning rule stops it, and why you think you have a good reason to get an exception. You will also have to pay a filing fee, which can be anywhere from a few hundred dollars to more than $2,000, depending on where you live and how complicated your request is. You usually can't get that money back, so you need to make sure your application is correct the first time.

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Once the application is filed, the zoning board will let property owners near your land know. This lets neighbors have their say. Many towns and cities hold a public hearing where you can make your case and neighbors or other community members can say whether they agree or disagree. Some boards also want you to put up a sign on the property that says when the hearing will be. You need to prepare because all of this costs you time and money.

You will show proof at the hearing. This could include surveys, site plans, pictures, engineering reports, or even statements from neighbors who agree with the change. A real estate lawyer or a permit expediter can help you make your case stronger. The board members will ask questions, listen to what the public has to say, and then vote.

If your variance is approved, you can go ahead with your project, but there may be some conditions that you have to meet. If your application is denied, you can usually appeal through the local administrative process or, in some cases, through the courts. If you work with AmeriSave on the financing side of buying a property, you can plan ahead for these kinds of land use questions, especially if a variance will change when you can make improvements.

What You Need to Prove: The Hardship Standard

This is where many variance applications fail. Zoning boards don’t hand out exceptions just because you want one. The legal standards exist to make sure that variances remain true exceptions rather than a way to rewrite the zoning code one property at a time.

For an area variance, you’ll usually need to demonstrate that unique physical conditions of your lot, including its shape, size, topography, or location, make it impractical to comply with the strict letter of the code. A property on a steep slope might genuinely need a reduced setback to build a livable structure. An unusually narrow lot might make the standard side-yard requirement impossible to meet while still constructing a reasonably sized home.

For a use variance, the bar is higher. The FindLaw legal reference on zoning variances explains that property owners must show that the zoning restriction creates an unnecessary hardship specific to their land. You need to prove that the restrictions are so burdensome that you can’t get any reasonable use or return from the property under the current rules. Wanting a more profitable use is not the same as having no reasonable use.

One critical point that trips up a lot of applicants: the hardship can’t be self-created. If you bought a property knowing full well that the zoning would block your plans, a board is unlikely to grant you relief. Courts have consistently upheld this principle. The hardship has to come from the physical characteristics of the land or circumstances beyond your control.

I’ve seen this play out in Texas communities where rapid growth pushes up against older zoning frameworks. A homeowner might have a lot that was platted decades ago with dimensions that don’t match current codes. That’s the kind of situation where a variance request makes sense and has a reasonable shot at approval. AmeriSave borrowers in similar situations benefit from understanding these nuances before committing to a purchase.

Variance vs. Rezoning vs. Conditional Use Permits

These three tools all deal with exceptions to zoning rules, but they work differently and have different long-term effects. Knowing which one fits your situation can save you months of wasted effort.

A variance, as we’ve covered, gives a one-property exception without changing the underlying zoning. It’s the most targeted tool. Rezoning is a completely different animal. When you request rezoning, you’re asking the local government to change the zoning classification for your property, or sometimes for an entire area. This is a legislative action rather than an administrative one, which means it usually goes through the city council or county commission rather than a zoning board. Rezoning changes the rules permanently for that land.

A conditional use permit, also called a special use permit or special exception, falls somewhere in between. It allows a use that the zoning code has already identified as potentially acceptable in that district, but only if specific conditions are met. For example, a residential zone might allow a home daycare through a conditional use permit as long as parking, noise, and traffic conditions are satisfied. The University of Wisconsin Extension’s zoning board resources breaks down how these different tools work at the local level.

So which path should you take? If you need a minor dimensional adjustment, go with an area variance. If you want to change the use of your property entirely and the zoning code doesn’t include your intended use as a conditional option, a use variance or rezoning may be necessary. If the code already contemplates your intended use under certain conditions, a conditional use permit is probably your best bet. AmeriSave can help you plan the financing side of your project regardless of which path the land use process takes.

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How a Variance Affects Your Property

One of the most common questions property owners ask is whether a variance transfers with the property. The answer is generally yes, as long as the variance has been “vested.” In practice, the property owner has to have taken concrete steps to act on the variance, like starting construction or beginning the permitted use. Once vested, the variance runs with the land. A future buyer gets the benefit of that exception, and the new owner can’t be penalized for something the previous owner was granted permission to do.

But if the variance was granted and nobody ever acted on it, the situation gets murkier. An unexercised variance may expire or lose its binding effect. A new owner isn’t guaranteed the same exception. This is something to pay close attention to when you’re buying property that you know has an existing variance. Ask for documentation, get copies of the approval letter, and verify that the variance was acted on.

From a property value standpoint, a variance can cut both ways. An area variance that lets you build a larger addition or a taller fence might add value by expanding what the property can do. But a use variance that introduces a commercial operation into a residential block could concern neighbors and potentially affect nearby home values. This is why zoning boards weigh community impact so heavily when making their decisions. It helps to think through how the planned changes will affect both your enjoyment of the property and its long-term value before you file.

When you’re financing a property that has an existing variance or that might need one, it’s worth discussing with your lender early. At AmeriSave, our team can help you think through how property improvements tied to a variance fit into your overall financing plan. If you’re planning an addition or conversion that requires board approval, knowing your financing options before you file can give you confidence that the investment makes sense regardless of the outcome.

Common Reasons Variance Requests Get Denied

Not every request for a variance gets approved. Knowing why boards say no can help you decide whether to apply in the first place or how to make your case stronger.

The most common reason for denial is not being able to show that you are in trouble. The board can't give you an exception if they think you can use your property in a reasonable way under the current rules. Wanting to do something different isn't the same as needing to do it. Boards also often turn down applications when the hardship is self-created, like when someone buys land at a discount because of a zoning restriction and then asks for help. That bet with your money doesn't pay off very often.

Opposition from the community is also a factor. The board will take into account how many of your neighbors show up at the hearing and how well they make their case about noise, traffic, parking, or property values. Local officials who are on boards are responsible to their communities. If there is a lot of opposition, it is hard to get approval even if the legal requirements are met.

Other common reasons for denial are incomplete applications, not being able to show that the variance won't change the character of the neighborhood, requests that ask for more deviation than is needed, and timing issues like not filing before starting construction. In central Texas, where I live, rapid growth has led to a lot of variance requests, and boards have become more picky as demand has grown.

If your request is turned down, it doesn't always mean the end of the road. Most cities and towns have a way to appeal, and you might be able to change your application and send it in again. Before you appeal, you should talk to a land use lawyer to find out if the denial was because you didn't have enough evidence that you can fix, or if it was because your request didn't match the law in a way that you can't fix. People who borrow money from AmeriSave and have zoning problems when they buy a home have found that talking to both their lawyer and their lender early on makes the whole process less stressful.

The Bottom Line

When local zoning rules don't quite fit your property or your plans, a variance can help. The variance process gives you a legal way to get what you want, whether you're a homeowner who needs a little more building space or an investor who wants to change the use of a property. The keys are being ready, having realistic expectations, and having strong proof that your situation really needs an exception. Don't think of it as a way to get around the rules. Use it as a tool when the rules don't take into account the special circumstances of your property.

Plan for a variance early if you're buying a property and think one might come into play. Think about the timeline, the cost of applying, and the chance that your application will be denied when you make your decision. AmeriSave can help you figure out how to make improvements and changes that fit into your mortgage strategy if you're financing the purchase.

Frequently Asked Questions

The time it takes to get a decision on a variance request depends on where you live, but it usually takes 30 to 120 days from the time you apply to the time you get a decision. That includes the time it takes for the zoning board to look over your application, let your neighbors know, set up a hearing, and make a choice. Some cities move faster than others, and applications that are contested and get a lot of opposition may take longer. If you're buying a home and want to ask for a variance, make sure to include that in your closing schedule. While you work on the land use side, AmeriSave's prequalification process can help you get your financing in order.

The cost of filing varies a lot from city to city and county to county. Some smaller towns charge as little as $100 to $300, while larger cities or more complicated requests can cost $1,000 to $2,500 or more. Depending on what you ask for, you might also have to pay for surveys, site plans, traffic studies, or environmental assessments on top of the filing fee. Those costs also add up if you hire a real estate lawyer or a permit expediter. Before you apply, call your local zoning office to find out exactly how much everything will cost. You can include these costs in your overall budget when you plan to buy a home with AmeriSave.

Your neighbors can say no to your request, but they can't stop it all by themselves. The zoning board makes the final choice based on whether or not you meet the legal requirements for a variance. That being said, if neighbors show that the variance would hurt property values, make traffic worse, or change the character of the area, the board may change its mind. Before you file, it can help a lot to talk to your neighbors and address their worries. At AmeriSave, you can learn more about how to handle the home buying process, including how questions about zoning and land use can affect when you can buy a home.

It all depends on the rules in your area and the terms of the variance. Some variances come with deadlines, which means you have to start the approved project within a certain amount of time (usually one to two years). The variance may expire if you don't do anything about it within that time frame. Other differences are given with no end date. Once you do something with a variance, like start building or using it as allowed, it is usually considered vested and will not expire. To be sure, look at the exact wording of your approval letter and your local law. AmeriSave's team can help you plan your financing so that you can act as soon as you get approval.

If you build or change property in a way that goes against the zoning code without a variance, you could face serious consequences. You might get a stop-work order, have to pay fines every day, or have to take down what you built. Sometimes, the local government can take legal action to make people follow the rules. Before you start working, it's always best to apply for a variance. If you've already made changes, talk to a local real estate lawyer about your options. These could include applying for a variance after the fact (also known as a retroactive variance) or working out a solution with the zoning office.

No, they are not the same. A nonconforming use, also known as a "grandfathered" use, is when a property was used in a certain way before a new zoning law went into effect. Even though new rules would normally stop the property from operating as it does, it can still do so. In contrast, a variance is a new permission you ask for to break the rules that are already in place. If you own a property that is being used in a way that doesn't follow the rules, you might need to get a variance to start using it again if you stop using it for too long.

You don't have to hire a lawyer, but it's a good idea for anything more complicated than a simple area variance. If you hire a real estate lawyer who knows your local zoning code, they can help you make a stronger application, get ready for the hearing, and represent you if things get heated. Legal help is especially useful when there are a lot of complicated use variances or a lot of money at stake. You don't want to lose your filing fee and months of work because your application was missing information or didn't make a good case. AmeriSave's tools for home buyers can also help you understand how planning a mortgage and property and land use issues are related.

Yes, in many places, if you have a signed purchase agreement or lease that gives you the right to use the land. Some zoning boards will accept applications from people who want to buy a property and can show that they have a financial interest in it. This can help you find out if a variance will be granted before you buy something. Talk to your lender about how the variance timeline might affect your mortgage preapproval and closing schedule. Also, check with your local zoning board to make sure you know their rules about standing.

Key Takeaways
What Is a Variance?
Types of Variances in Real Estate
How to Apply for a Zoning Variance
What You Need to Prove: The Hardship Standard
Variance vs. Rezoning vs. Conditional Use Permits
How a Variance Affects Your Property
Common Reasons Variance Requests Get Denied
The Bottom Line
FAQs

What Is a Variance? If you drive through most cities or towns, you will notice that similar buildings tend to cluster together. Homes sit next to homes, shops sit next to shops, and factories are grouped in their own areas away from neighborhoods. This isn’t random. Local governments create zoning ordinances that divide land into districts and set rules for what can be built and how each property can be used within those districts. Common zoning classifications include residential, commercial, industrial, agricultural, and mixed-use. A variance is a formal exception to those rules. It doesn’t change the underlying zoning classification of your property or your neighborhood. Instead, it gives you, the property owner, a one-time pass to do something that the current zoning code would otherwise block. Think of it as the government acknowledging that strict rules can’t anticipate every situation, so there has to be a safety valve for unusual circumstances. The concept has deep roots in American land use law. The Standard State Zoning Enabling Act, first published by the U.S. Department of Commerce, established the framework that most states still follow today. That framework requires local governments to create zoning boards of adjustment or appeals to hear variance requests. Legal scholars have described the variance process as a “constitutional safety valve” that protects the rights of landowners while still preserving the community’s broader planning goals. So why does this matter to you as a property owner? Because if you want to build a fence that’s taller than the local limit, add a room that pushes past a setback line, convert a single-family home into a duplex, or run a small business out of a residential property, you will likely need a variance to do it legally. Without one, you could face fines, be forced to undo your work, or even deal with legal action from neighbors or the local government. You have to get permission first. Types of Variances in Real Estate Variances fall into two broad categories, and the type you need depends on what you’re trying to accomplish. Understanding this distinction matters because the approval standards, the level of scrutiny, and your odds of success differ between the two. Area Variances If you get an area variance, you can ignore the zoning code's physical or dimensional requirements. This includes things like how far your building has to be from the property line (setback distances), how tall it can be, how much of the lot it can cover, the minimum lot size, and the maximum building footprint. You would need to apply for an area variance if you want to build a garage that goes two feet into the required side-yard setback or put up a fence that is taller than the maximum height. Homeowners ask for these kinds of variances the most, and they get approved more often than use variances. The answer is simple: an area variance doesn't change the neighborhood's character. A house in a residential neighborhood is still a house, even if the side yard is a little smaller. AmeriSave helps home buyers and homeowners deal with these problems all the time, especially in older neighborhoods where lot sizes and shapes don't always fit with modern building codes. "Practical difficulty" is the standard for granting an area variance in many places. That means you have to show that following the zoning code strictly makes it hard for you to use your property in a reasonable way, not just that you want more space or a bigger garage. Use Variances A use variance is a bigger ask. It gives you permission to use your property for a purpose that the zoning code doesn’t allow in that district. The classic example is opening a commercial business in a zone designated for residential use, or building multifamily housing in a single-family district. Real estate investors and developers request use variances more often than individual homeowners do. Use variances are harder to get. Because they can change the fundamental character of a neighborhood, zoning boards hold them to a higher standard. In most places, you’ll need to prove “unnecessary hardship” rather than just practical difficulty. This is a tougher bar to clear. You have to show that the current zoning restrictions leave you with no reasonable way to earn a return on your property, that the hardship is unique to your land and not shared by the whole neighborhood, and that granting the variance won’t fundamentally alter the area’s character. Some states don’t allow use variances at all, handling those situations through special use permits or conditional use permits instead. This is one reason it’s important to check your local rules before you invest time and money into an application. You don’t want to spend money on surveys and legal fees only to find out your municipality doesn’t even have a path to get the relief you need. How to Apply for a Zoning Variance The details change from city to county to state, but the basic process is the same in most of the country. You can expect this: The first thing you need to do is find out how your property is zoned. If your city has one, you can usually find this information on an online zoning map, at your county assessor's office, or at your local planning and zoning department. You can figure out which rule you're breaking and what kind of variance you need once you know the current zoning. After that, you'll send a written request to the local zoning board or board of adjustment. Most applications ask you to explain what you want to do, what zoning rule stops it, and why you think you have a good reason to get an exception. You will also have to pay a filing fee, which can be anywhere from a few hundred dollars to more than $2,000, depending on where you live and how complicated your request is. You usually can't get that money back, so you need to make sure your application is correct the first time. Once the application is filed, the zoning board will let property owners near your land know. This lets neighbors have their say. Many towns and cities hold a public hearing where you can make your case and neighbors or other community members can say whether they agree or disagree. Some boards also want you to put up a sign on the property that says when the hearing will be. You need to prepare because all of this costs you time and money. You will show proof at the hearing. This could include surveys, site plans, pictures, engineering reports, or even statements from neighbors who agree with the change. A real estate lawyer or a permit expediter can help you make your case stronger. The board members will ask questions, listen to what the public has to say, and then vote. If your variance is approved, you can go ahead with your project, but there may be some conditions that you have to meet. If your application is denied, you can usually appeal through the local administrative process or, in some cases, through the courts. If you work with AmeriSave on the financing side of buying a property, you can plan ahead for these kinds of land use questions, especially if a variance will change when you can make improvements. What You Need to Prove: The Hardship Standard This is where many variance applications fail. Zoning boards don’t hand out exceptions just because you want one. The legal standards exist to make sure that variances remain true exceptions rather than a way to rewrite the zoning code one property at a time. For an area variance, you’ll usually need to demonstrate that unique physical conditions of your lot, including its shape, size, topography, or location, make it impractical to comply with the strict letter of the code. A property on a steep slope might genuinely need a reduced setback to build a livable structure. An unusually narrow lot might make the standard side-yard requirement impossible to meet while still constructing a reasonably sized home. For a use variance, the bar is higher. The FindLaw legal reference on zoning variances explains that property owners must show that the zoning restriction creates an unnecessary hardship specific to their land. You need to prove that the restrictions are so burdensome that you can’t get any reasonable use or return from the property under the current rules. Wanting a more profitable use is not the same as having no reasonable use. One critical point that trips up a lot of applicants: the hardship can’t be self-created. If you bought a property knowing full well that the zoning would block your plans, a board is unlikely to grant you relief. Courts have consistently upheld this principle. The hardship has to come from the physical characteristics of the land or circumstances beyond your control. I’ve seen this play out in Texas communities where rapid growth pushes up against older zoning frameworks. A homeowner might have a lot that was platted decades ago with dimensions that don’t match current codes. That’s the kind of situation where a variance request makes sense and has a reasonable shot at approval. AmeriSave borrowers in similar situations benefit from understanding these nuances before committing to a purchase. Variance vs. Rezoning vs. Conditional Use Permits These three tools all deal with exceptions to zoning rules, but they work differently and have different long-term effects. Knowing which one fits your situation can save you months of wasted effort. A variance, as we’ve covered, gives a one-property exception without changing the underlying zoning. It’s the most targeted tool. Rezoning is a completely different animal. When you request rezoning, you’re asking the local government to change the zoning classification for your property, or sometimes for an entire area. This is a legislative action rather than an administrative one, which means it usually goes through the city council or county commission rather than a zoning board. Rezoning changes the rules permanently for that land. A conditional use permit, also called a special use permit or special exception, falls somewhere in between. It allows a use that the zoning code has already identified as potentially acceptable in that district, but only if specific conditions are met. For example, a residential zone might allow a home daycare through a conditional use permit as long as parking, noise, and traffic conditions are satisfied. The University of Wisconsin Extension’s zoning board resources breaks down how these different tools work at the local level. So which path should you take? If you need a minor dimensional adjustment, go with an area variance. If you want to change the use of your property entirely and the zoning code doesn’t include your intended use as a conditional option, a use variance or rezoning may be necessary. If the code already contemplates your intended use under certain conditions, a conditional use permit is probably your best bet. AmeriSave can help you plan the financing side of your project regardless of which path the land use process takes. How a Variance Affects Your Property One of the most common questions property owners ask is whether a variance transfers with the property. The answer is generally yes, as long as the variance has been “vested.” In practice, the property owner has to have taken concrete steps to act on the variance, like starting construction or beginning the permitted use. Once vested, the variance runs with the land. A future buyer gets the benefit of that exception, and the new owner can’t be penalized for something the previous owner was granted permission to do. But if the variance was granted and nobody ever acted on it, the situation gets murkier. An unexercised variance may expire or lose its binding effect. A new owner isn’t guaranteed the same exception. This is something to pay close attention to when you’re buying property that you know has an existing variance. Ask for documentation, get copies of the approval letter, and verify that the variance was acted on. From a property value standpoint, a variance can cut both ways. An area variance that lets you build a larger addition or a taller fence might add value by expanding what the property can do. But a use variance that introduces a commercial operation into a residential block could concern neighbors and potentially affect nearby home values. This is why zoning boards weigh community impact so heavily when making their decisions. It helps to think through how the planned changes will affect both your enjoyment of the property and its long-term value before you file. When you’re financing a property that has an existing variance or that might need one, it’s worth discussing with your lender early. At AmeriSave, our team can help you think through how property improvements tied to a variance fit into your overall financing plan. If you’re planning an addition or conversion that requires board approval, knowing your financing options before you file can give you confidence that the investment makes sense regardless of the outcome. Common Reasons Variance Requests Get Denied Not every request for a variance gets approved. Knowing why boards say no can help you decide whether to apply in the first place or how to make your case stronger. The most common reason for denial is not being able to show that you are in trouble. The board can't give you an exception if they think you can use your property in a reasonable way under the current rules. Wanting to do something different isn't the same as needing to do it. Boards also often turn down applications when the hardship is self-created, like when someone buys land at a discount because of a zoning restriction and then asks for help. That bet with your money doesn't pay off very often. Opposition from the community is also a factor. The board will take into account how many of your neighbors show up at the hearing and how well they make their case about noise, traffic, parking, or property values. Local officials who are on boards are responsible to their communities. If there is a lot of opposition, it is hard to get approval even if the legal requirements are met. Other common reasons for denial are incomplete applications, not being able to show that the variance won't change the character of the neighborhood, requests that ask for more deviation than is needed, and timing issues like not filing before starting construction. In central Texas, where I live, rapid growth has led to a lot of variance requests, and boards have become more picky as demand has grown. If your request is turned down, it doesn't always mean the end of the road. Most cities and towns have a way to appeal, and you might be able to change your application and send it in again. Before you appeal, you should talk to a land use lawyer to find out if the denial was because you didn't have enough evidence that you can fix, or if it was because your request didn't match the law in a way that you can't fix. People who borrow money from AmeriSave and have zoning problems when they buy a home have found that talking to both their lawyer and their lender early on makes the whole process less stressful. The Bottom Line When local zoning rules don't quite fit your property or your plans, a variance can help. The variance process gives you a legal way to get what you want, whether you're a homeowner who needs a little more building space or an investor who wants to change the use of a property. The keys are being ready, having realistic expectations, and having strong proof that your situation really needs an exception. Don't think of it as a way to get around the rules. Use it as a tool when the rules don't take into account the special circumstances of your property. Plan for a variance early if you're buying a property and think one might come into play. Think about the timeline, the cost of applying, and the chance that your application will be denied when you make your decision. AmeriSave can help you figure out how to make improvements and changes that fit into your mortgage strategy if you're financing the purchase.