
Zoning & Incentives
Variance
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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.
Related
Terms that travel with this one
- CUP (Conditional Use Permit)Municipal approval allowing a use that is not permitted by right in a zoning district but is allowed subject to conditions and a discretionary review process.
- EntitlementThe municipal approvals — zoning compliance, site plan approval, special use permits, variances — that legally authorize a specific development or use on a parcel before construction or occupancy.
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