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Container Glossary

variance

Also called Zoning variance

Definition

A variance is permission granted by a local zoning board of appeals to depart from one specific requirement in the zoning ordinance, most often a setback or a height limit, because strict enforcement would create a hardship tied to the shape or condition of that particular lot. A variance does not rezone the property or change the underlying district; it excuses one rule for one parcel, and it is decided case by case rather than as a general policy.

Granted by
Local zoning board of appeals
Excuses
One specific rule, not the whole ordinance
Requires
A hardship tied to the lot itself, not preference
Different from
A rezoning, which changes the district for good

The decision a variance is actually for

The question worth asking before you look up how to apply for a variance is simpler: does your planned container placement actually violate a specific, numeric zoning rule, like a setback, and is there no other spot on the lot that would satisfy it. If a different location on the property clears the setback without a problem, that is the answer, not a variance application.

A variance only becomes the right tool once you've confirmed there is a genuine conflict between what the ordinance requires and what the physical lot allows, not simply that one spot would be more convenient than another.

What a board is actually deciding on your application

A zoning board of appeals is not voting on whether they like your project. It is deciding whether the lot's own physical characteristics, its shape, size, slope, or the location of a floodplain or an easement across it, make it impossible to comply with the standard rule without unreasonable hardship. That hardship has to come from the land, not from a choice the owner made or from wanting the container somewhere specific.

Why 'I'd rather it be there' rarely qualifies

Boards generally deny variance requests built on convenience, cost, or a preferred view, because those are not hardships created by the land itself. A narrow, oddly shaped lot where no legal spot clears the setback is a stronger case. A normal rectangular lot where the container would simply be easier to reach from one corner is usually not, because a compliant spot exists elsewhere on the property, even if it is less convenient.

This is worth knowing before you spend time on paperwork, since a weak application costs a hearing and a fee for an outcome that was unlikely from the start.

What to check before you file anything

Walk the lot with the actual setback numbers in hand and see whether any legal placement exists that meets them. If one does, that is your answer without a board hearing. If none does, ask your zoning office directly what a variance application requires locally, since the process, fees and timeline are set by that county or town, not standardized statewide.

Not sure whether your lot has a compliant spot? Our permit atlas covers how setback and zoning rules differ across the states we deliver into.
No. A variance is a local zoning board process between you and your county or town. We can deliver once you've confirmed a legal spot, but the application itself is not something we file on your behalf.
No. A rezoning changes what district a parcel is in, generally. A variance excuses one specific rule for one specific lot and does not change the underlying zoning.
Walk the lot before you file

Talk through your placement options with us

Tell us the lot's shape and the setbacks you're working with, and we'll help you think through whether a compliant spot exists before you head to a board hearing.

or (276) 237-6144