Skip to content
C3 CRE — Connect · Collaborate · Care
Architectural rendering of a mixed-use development with ground-floor retail glazing beneath residential storeys

Zoning & Incentives

Variance

A discretionary approval, typically granted by a zoning board of appeals, allowing a property to deviate from a specific dimensional or use standard in the zoning ordinance where strict compliance would cause practical difficulty or unnecessary hardship.

Last updated

Also called: zoning variance · dimensional variance

Variances come in two general types: dimensional (or "area") variances, which relax a numeric standard like setback, height, or lot coverage, and use variances, which allow a use the zoning district otherwise prohibits — Michigan's Zoning Enabling Act and most local ordinances hold use variances to a materially higher legal standard than dimensional variances, since they more directly override the zoning map.

A zoning board of appeals grants variances case by case based on a hardship or practical difficulty standard tied to the specific property (not the applicant's personal circumstances or financial preference), and approval typically requires public notice and a hearing — meaning variance approval carries the same timeline risk as a conditional use permit and shouldn't be assumed as a formality when a purchase agreement is contingent on obtaining one.

In cannabis site selection, a variance is occasionally pursued to reduce a locally-adopted buffer distance below the ordinance standard for a specific parcel, but this is a harder ask than a standard dimensional variance and success is far from guaranteed — buyers should treat a required buffer variance as a real contingency risk, not a technicality to be cleared post-closing.

Talk it through

Applying Variance to a real deal

Definitions get you to the right question. Send the deal and we will tell you how this term behaves in your market, ordinance and lease.