Understanding Variances in New York

Understanding Variances in New York: What They Are and Common Types

In New York, variances are a frequent consideration when pursuing building projects, especially when working with older properties or specific zoning constraints. As architects in New York State, I’ve seen firsthand how variances are often required to move a project forward while ensuring it complies with both state and local regulations. Let’s take a look at what a variance is, why you might need one, and the most common types of variances encountered in construction projects.

What is a Variance?

A variance is an official waiver from certain zoning or building code requirements. It allows a property owner to deviate from the specific rules and restrictions in place for a property. Variances are typically granted when strict adherence to the code would result in an undue hardship for the property owner and when the proposed change won't significantly harm the surrounding neighborhood or environment.

Why Might a Variance Be Needed?

Most variances come up due to zoning code requirements, such as those dictating how a property can be used, its size, and its placement on the lot. However, variances can also be required to deviate from state-level building codes in New York State, which cover broader safety and construction standards. The most common reason for seeking a variance is that existing conditions, particularly with older buildings, may not align with current codes.

Common Types of Variances

1. Setback Variances
   Setbacks dictate how far a building or structure must be from property lines, streets, or neighboring buildings. A setback variance is one of the most common types requested, often because an existing building was constructed before the current zoning laws and may not meet these new requirements. Property owners might seek setback variances to build closer to property boundaries or to accommodate additions.

2. Building Area/ Floor Area Ratio (FAR) Variances
   Floor Area Ratio (FAR) limits how much of a property can be covered by structures. For example, if zoning codes only allow a certain percentage of land to be developed, a property owner might apply for a building area variance to exceed this limit. This is common in high-demand urban areas where maximizing space is essential.

3. Height Variances
   These variances permit buildings to exceed the height restrictions set by zoning laws. Property owners typically seek height variances when adding floors or unique roof features to a building in areas with height limitations.

4. Use Variances
   Use variances allow property owners to use their property for purposes not typically permitted by zoning laws. For example, a commercial variance might be needed to operate a business in a residential zone, or a residential variance might allow for an accessory apartment in a zone designated for single-family homes.

Applying for a Variance

Applying for a variance usually involves submitting an application to the local zoning board or another municipal authority, along with detailed plans and explanations of why the variance is necessary. Approval processes can vary by location, and community hearings may be involved.

When pursuing a project in New York, it’s essential to understand zoning and building codes.