Real estate is generally divided into zones, including commercial, residential and industrial zones. Zoning determines the types of uses that are permitted in a given area. Anyone who owns property needs to understand the applicable zoning regulations and how to stay in compliance with the rules.
There are situations, however, in which a landowner may want to use property differently than zoning may allow. In some situations, certainly not all, the solution may be to apply for a variance.
Understanding what a variance can and cannot do
In Georgia, a variance does not change the zoning classification or permit different uses of property. A variance only provides relief from specific dimensional or physical requirements, such as setbacks, lot coverage or building height restrictions.
For example, say you own a residential lot and want to build a garage, but your property is an unusual shape. The zoning code requires all structures to be at least 10 feet from the property line, but due to your lot’s configuration, you can only place the garage 7 feet from the line. You could apply for a variance to reduce that setback requirement from 10 feet to 7 feet.
If you want to use property for a purpose not allowed under current zoning, a variance is not the appropriate remedy. Instead, you would need to pursue a rezoning or apply for a special use permit or conditional use permit.
Variances are property-specific
When a variance is granted, it applies only to the specific property for which it was requested. Adjacent property owners cannot assume they can use their properties in the same way.
Similarly, variances typically run with the land, meaning they stay with the property when it’s sold. If you’re purchasing property with an existing variance, verify exactly what relief was granted and confirm it covers your intended use.
Navigating a complex process
Variances are not automatically granted. You must prove that three conditions exist:
- Extraordinary and exceptional conditions are involved
- Applying zoning regulations strictly would create unnecessary hardship
- Granting relief would not cause substantial detriment to the public good or impair the purpose of zoning regulations.
Land use and zoning issues can significantly impact property owners and put a business at risk if the proper legal steps are not followed. Understanding the differences between variances and other tools is essential for navigating Georgia’s real estate regulations successfully.