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Land useSubject 6 of 19

Variance

Permission from a zoning board of appeals to depart from a zoning requirement after the applicable legal test is met.

Direct answer

What does Variance mean?

Permission from a zoning board of appeals to depart from a zoning requirement after the applicable legal test is met.

Exam cue: New York distinguishes area variances from use variances and applies different statutory tests.

What does it look like in a question?

New York example

An owner seeks relief from a side-yard setback because the lot is unusually narrow.

Common exam trap

What should you not confuse it with?

A variance is not a rezoning of the parcel and is not the same as a special use permit.

Related land use terms

Area variancePermission to deviate from a dimensional or physical zoning requirement.Building codeA set of government standards for construction, alteration, occupancy and building safety.Certificate of occupancyAn official document confirming that a building or space may be occupied for the approved use under applicable code and local requirements.Eminent domainThe government's power to take private property for public use with just compensation as required by law.Nonconforming useA land use that lawfully existed before a zoning change but does not comply with the new zoning rule.Police powerThe government's authority to regulate for public health, safety, morals and general welfare.
Sources used3 references with section locators

The curriculum citation confirms exam scope. Definition and rule citations support the explanation itself. Links and locators were checked on August 26, 2026.

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