Legal Definitions - area variance

Area variance is a type of license or official authorization that allows a property owner to deviate from the zoning requirements related to construction and placement, but not from the requirements related to use. This means that the property owner can build or place a structure in a way that does not comply with the zoning laws, as long as it does not affect the way the property is used.

For example, if a zoning law requires that a building be set back a certain distance from the street, an area variance would allow the property owner to build the structure closer to the street than the law requires. However, the property owner would still need to use the building in a way that complies with the zoning laws.

Area variances are different from use variances, which allow property owners to deviate from the zoning requirements related to use. Use variances are typically more difficult to obtain than area variances because they involve a greater departure from the zoning laws.