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Does a real estate variance change the zone?

On Behalf of | Oct 4, 2024 | Real Estate & Development

Zoning laws mandate what types of development projects can be carried out. When purchasing real estate, it has to be correctly zoned for that specific project. 

For instance, there are industrial, commercial and residential zones. These are the three main categories, but zones can be divided up in more specific ways. Not all commercial zones allow for the same types of businesses, for example. Retail stores may be allowed while membership-based businesses, like a rock climbing gym, would not. 

But if you own a piece of property that is in an incorrect zone, you may be able to ask for a variance. Perhaps you are planning a commercial development but the property you own is technically located in a residential area. A variance allows you to continue with your commercial project. But does that mean it changed the zone into a commercial zone?

Every variance is unique

No, the zone doesn’t change at all. Each variance is unique and gives one specific property owner the legal right to violate the zoning regulations. In other words, if you get a variance, it means that your company can work on the commercial project. But nearby property owners can’t assume that they have the same permission just because you got the variance. They still have to adhere to the zoning laws or request their own variances for similar projects.

Moving forward with a project without first getting a variance could cause expensive issues down the road. It’s very important to understand all of the zoning regulations when handling real estate development issues, so be sure you know what legal steps to take. 

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