What a Variance Is, and When to Ask for One

Zoning bylaws are written for a whole district, and districts contain lots that do not behave like the average. A corner lot, an unusual shape, a house sited oddly by a previous owner. A variance is the mechanism for granting relief in those cases without rewriting the rule for everyone.

The first thing to be clear about is what it does not cover. You cannot get a variance from the building code. Structural, fire and life-safety requirements are not subject to this process. Departures there go through an alternative solution, which is a different route with different evidence.

What a variance can address#

The common thread is that these are all dimensional or numerical departures from a rule, applied to one property. A variance does not change the bylaw and it does not set a precedent that binds the next application, although committees do pay attention to what they have decided before.

How the process runs#

1. 1

   Confirm you need one at all

   Sometimes a small redesign avoids the whole process, and that is almost always faster and cheaper than applying.

2. 2

   Apply with drawings and a rationale

   The application explains what relief you want and why. A clear survey and a site plan showing the departure do most of the work.

3. 3

   Expect public notice

   A sign usually goes up on the property and neighbours are notified. This is the part people are unprepared for.

4. 4

   Attend the hearing

   A committee hears the application, any comments from neighbours, and staff’s recommendation. Being present to answer questions helps.

5. 5

   Allow for the appeal window

   A decision is usually appealable for a set period, so it is not final on the day. Building before that closes is a risk.

What makes an application land well#

Committees hear a lot of applications and they respond to the same things. The request that reads as modest, well explained and considerate of neighbours does better than one of equal size that arrives without context.

A current survey helps more than anything else. Committees are being asked to approve a dimension, and an accurate drawing of where everything sits removes the main source of doubt. Old surveys, or sketches based on a fence line, invite questions you cannot answer in the room.

Explaining the constraint also helps. A departure that exists because the lot is triangular, or because a mature tree is being kept, reads very differently from one driven by a preference for a larger room. The first is the situation the process was designed for. Committees are generally sympathetic to a hardship created by the land and less so to one created by a preference.

Keep it minimal. Asking for the smallest relief that makes the project work is both more likely to succeed and faster to decide. Applications that bundle several generous departures tend to attract scrutiny on all of them.

Common questions#

Does a variance run with the property?

Usually yes, once granted and built. It attaches to the land rather than to you, so it survives a sale. Confirm locally, because some approvals lapse if not acted on within a set time.

Can I apply for more than one variance at once?

Yes, and it is common on an irregular lot. Bundling several generous requests tends to draw more scrutiny than a single modest one, so keep each to the minimum that makes the project work.

Do I need a survey?

Almost always, and a current one. The application turns on dimensions, and a committee cannot approve a setback it has no reliable measurement for.

Can I start work while the appeal window is open?

You can sometimes get a permit, and building before the window closes is at your risk. If the decision is overturned, the work is the problem rather than the paperwork.

How long does it take?

Commonly a few months from application to decision, plus the appeal period. Plan around it rather than assuming it slots into a construction schedule.

What are the chances?

Minor dimensional relief with no neighbour opposition is frequently granted. Requests that change the character of a property, or that draw objections, are much less predictable.

Can I get a variance from the building code?

No. That is what an alternative solution is for, and it is decided by the authority having jurisdiction on technical grounds rather than by a committee after public notice.

What if it is refused?

You can usually appeal, redesign to comply, or in some cases apply for a rezoning, which is a larger process. Redesigning is often the fastest path.