Variance
A variance is relief from strict application of zoning requirements, granted by a zoning board of appeals under applicable statutes and standards. New York Town Law defines use variances (permission for a prohibited use) and area variances (permission to deviate from dimensional requirements), and NYC practice routes zoning variances through the Board of Standards and Appeals under Zoning Resolution procedures.
- Where it applies
- NYS; NYC
- When it comes up
- Entitlement; zoning relief; public review
- Property types
- All
In practice
Variances are typically the highest-uncertainty land-use path because they involve discretionary judgment under strict statutory findings.
Read more in the Knowledge Base
- Portfolio-Level Risk Diversification: Applying Portfolio Theory to Lease Timing, Unit Mix, and Capital PlanningLandlords
- Local Zoning, Land Use Restrictions, and ADU Rules for New York Residential PropertyBuyers
- Rent Stability vs. Peak Rent: Comparing Revenue MaximizationLandlords
- Site Plan and Subdivision Approval ProcessBuyers
Related terms
Zoning and Land Use
- Air Rights
- Area Variance
- As-of-right Development
- Authorization
- Base Height
- Base Plane
- Board of Standards and Appeals (BSA)
- Building Envelope
- Bulk
- Certification
General information, not legal, tax or financial advice.