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Why would you need a variance for commercial property?

On Behalf of | Sep 23, 2026 | Real Estate Law

You may need a variance for your commercial property if it is not in the correct zone, based on the way you would like to use that property for your business.

Municipalities can divide different parcels of real estate into select groups of zones. These often start with broad zones, such as commercial, industrial or residential. But it is also possible for a local government to divide things even further, such as by mandating which types of businesses are allowed to operate in a certain commercial zone.

If you purchase a property and then find out that it is not correctly zoned for your intended use, you can request a variance. If the variance is granted, it allows you to move forward with your original plan because you have been given permission to do so by the local government.

Does that change the zone?

No, a variance does not change the zone itself. The zoning designation remains the same as it was before the application.

Instead, a variance gives you the legal permission needed to deviate from those zoning regulations in your specific case. So if you were allowed to operate a commercial business in a residential zone, for example, that would not change the zoning rules for any of the surrounding properties. They still need to be residential.

It is very important to understand local regulations when purchasing and using commercial property. Seeking a variance is just one example of a step you may need to take, and it helps show why it is so important to understand your legal options if complications arise.

 

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