# Zoning variance

A zoning variance lets one property depart from a zoning rule, such as a setback, when following it would cause a hardship. Also called variance, area variance, or dimensional variance.

Data as of Oct 11, 2026. Page: https://boardwalkai.com/glossary/zoning-variance/

## What it is

A variance relaxes one standard for one property and doesn't change the property's zoning.

## What it tells you

A variance often means a real building design is on the table, because the applicant already knows which rule it can't meet. On commercial and apartment sites, it often comes just before site plan approval.

## How it moves through a city or county

1. The owner applies and explains why the rule can't reasonably be met on this property.
2. Staff check the request against the variance standards in state law and the local code.
3. A board of adjustment or zoning board of appeals holds a public hearing and decides.
4. Appeals usually go to a state court.

Most states use a hardship test, and many restrict variances that change the use of land. In some places the planning commission or a hearing examiner hears them.

Rules vary by state, county, and city. These pages describe common practice, not legal advice.

## Recent variance requests

From public filings in Georgia, Missouri, and West Virginia.

| Project | Location | Developer | Type | Size | Stage | Latest meeting |
|---|---|---|---|---|---|---|
| 3-Unit Residential Development on 7.41 Acres | Cottleville, MO | Mid Rivers Equities II, LLC | Single-family | 3 homes · 7.41 acres | Seeking approval | Sep 28, 2026 |
| 48-Unit Residential Development on 22 Acres | Johns Creek, GA | Handsel Holdings, LLC | Single-family | 48 homes · 21.6 acres | Seeking approval | Sep 8, 2026 |
| 25-Unit Residential Development on 1.36 Acres | Monongalia, WV | T & H Development Corp | Multifamily | 25 units · 1.36 acres | Recommended | Jun 17, 2026 |

Samples show projects filed by companies or public bodies.

## Find it on Boardwalk

Pick Variance under Application Type on the Boardwalk map. [Start free trial](https://boardwalkai.com/auth/signup/)

## Related terms

- [Board of adjustment](https://boardwalkai.com/glossary/board-of-adjustment/): A board of adjustment is an appointed board that decides zoning variances, appeals of staff decisions, and, in some places, special exceptions.
- [Setback](https://boardwalkai.com/glossary/setback/): A setback is the minimum distance a building must sit from a property line, street, or other feature under the zoning code.
- [Rezoning](https://boardwalkai.com/glossary/rezoning/): A rezoning changes the zoning district on a piece of land, which changes what can be built there and how much.

## Common questions

### What counts as a hardship for a zoning variance?

A hardship usually means something unusual about the property, like its shape or slope, makes a rule hard to meet. Most states don't count cost or problems the owner created, and the exact test is set by state law.

### What is the difference between a use variance and an area variance?

An area variance relaxes a size rule, such as a setback, height, or lot size. A use variance allows a use the zoning does not permit, and many states restrict or forbid it.

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## How to cite

Source: Boardwalk, "Zoning variance", boardwalkai.com/glossary/zoning-variance/, data as of Oct 11, 2026.

How we count: https://boardwalkai.com/coverage/#how-we-count