| Though zoning laws restrict the way a parcel of land can be used, property owners can seek a variance, or exception, from such laws based on unnecessary hardship. This hardship cannot be one that is self-induced. Rather, the owner must generally seek relief from the oppressive land restriction by showing 1) a reasonable return cannot be achieved from the owner's land if it is only used in compliance with the zoning law, 2) the hardship is peculiar to the owner's land and not to the neighborhood in general, thus demonstrating the unreasonableness of the law, and 3) the use of the land in keeping with the requested variance will not change the essential character of the surrounding area.
There are two types of variances: area variances and use variances. An area variance addresses the issues of property dimensions. For example, setbacks, lot size, and building height would be covered by an area variance. A use variance, on the other hand, changes what can occur on the property such as pursuing a commercial enterprise on property that is zoned residential. Use variances are prohibited in many states.
Requests for a variance, which are essentially zoning appeals, are heard before the applicable zoning board for the community. Oftentimes, judicial resolution of a land dispute concerning zoning laws will be denied until this avenue of administrative appeal has been exhausted.
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