Definition
A variance is a discretionary approval that allows a property to deviate from the standard development requirements of its zoning district — such as setback distances, building height limits, lot coverage maximums, or parking requirements — when the property has unique physical characteristics that make strict compliance impossible or unreasonably burdensome.
The key word is unique. A variance is not a mechanism for getting around zoning rules you find inconvenient or expensive to comply with. It exists specifically for situations where a property has an unusual shape, topography, or configuration that creates a genuine hardship that similarly zoned properties do not face.
Required Findings for a Variance
California Government Code § 65906 establishes the basic framework: a variance may only be granted when, because of special circumstances applicable to the property — including size, shape, topography, location, or surroundings — the strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties in the vicinity under identical zoning classifications.
In practice, this means the applicant must typically show:
- There are unique physical characteristics of the property (not just the owner's preference or financial situation) that prevent compliance with the standard
- Other similarly-zoned properties in the area do not face the same constraint
- The variance will not constitute a grant of special privilege
- The variance will not be detrimental to surrounding properties or inconsistent with the general plan
What a Variance Is NOT
- A variance is not a way to avoid a zoning requirement simply because compliance would be costly
- A variance is not a policy change — it applies only to the specific parcel for which it is granted
- A variance cannot override state law — a city cannot grant a variance to avoid a state housing mandate
- A variance is not available simply because neighboring properties have similar noncompliances (two wrongs don't make a right in zoning law)
Variances vs. Other Relief Mechanisms
Cities often create other mechanisms for departing from development standards that don't require the hardship showing a true variance does. These include:
- Administrative adjustments or minor exceptions: Streamlined approvals for small deviations (e.g., a 10% encroachment into a setback) that don't require full variance findings
- Design review discretion: In some jurisdictions, design review bodies have authority to modify standards based on design quality considerations
- Density Bonus Law waivers: State law entitles qualifying affordable housing projects to waivers from development standards that would physically prevent achieving the bonus density — without requiring a traditional hardship variance showing
Variance findings are among the most legally vulnerable local government land use decisions — courts scrutinize them carefully to ensure they reflect genuine hardship, not political accommodation. Legislaide helps cities review their variance decisions and procedures to ensure they comply with state law requirements.
Frequently Asked Questions
What is a variance?
A variance is a discretionary approval that allows a property to deviate from standard zoning requirements — setbacks, height limits, lot coverage — when the property has unique physical characteristics that make strict compliance impossible or unreasonably burdensome.
What is the hardship standard for a variance?
California Government Code § 65906 requires that the variance be necessary due to special circumstances of the property — size, shape, topography, location, or surroundings — that prevent compliance and that other similarly zoned properties do not face. Financial hardship or the owner's preference are not valid grounds.
What are typical grounds for denying a variance?
A variance may be denied if: the hardship is self-created, the variance would grant special privilege over other similar properties, the difficulty is merely financial rather than physical, or granting the variance would harm surrounding properties or be inconsistent with the general plan.
How does a variance differ from a conditional use permit?
A CUP allows a use that is not permitted by right in a zone. A variance allows a specific property to deviate from dimensional development standards (setbacks, height, coverage) that apply to all properties in the zone. Both require discretionary findings, but they address different types of departures.
Can a variance override state housing law?
No. A local variance cannot override state law. For example, if state law limits ADU rear and side setbacks to 4 feet, a city cannot use its variance process to impose larger setbacks — state preemption applies. State-mandated standards are a floor (or ceiling) that local variances cannot change.
Published April 15, 2026 by Legal Team at Legislaide.