Direct answer
What does variance mean?
A variance is 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?
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 varianceAn area variance is permission to deviate from a dimensional or physical zoning requirement.Building codeA building code is a set of government standards for construction, alteration, occupancy and building safety.Certificate of occupancyA certificate of occupancy (CO) is an official document confirming that a building or space may be occupied for the approved use under applicable code and local requirements.Eminent domainEminent domain is the government's power to take private property for public use with just compensation as required by law.Nonconforming useA nonconforming use is a land use that lawfully existed before a zoning change but does not comply with the new zoning rule.Police powerPolice power is the 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.
- Real Estate Salesperson 77-Hour CurriculumNew York State Department of StateSupports: Exam scopeSection: Subject 6, Land Use Regulations
- Local Government Online Training GlossaryNew York State Department of StateSupports: DefinitionSection: Land use, zoning and board procedure definitions
- Town Law sections 267 and 267-bNew York State SenateSupports: New York ruleSection: Town Law sections 267-b(2) and 267-b(3)
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Put the term back into its full subject.
A definition helps with recall. The subject guide shows how the rule interacts with documents, scenarios, calculations and practice questions.