A zoning variance is official permission to deviate from a specific zoning rule when strict enforcement would cause an unnecessary hardship or practical difficulty unique to the property. It lets an owner keep one requirement from applying strictly because the land's own characteristics make literal compliance unfair. A variance is narrow relief from a single rule — it is not a rezoning, which changes the property's zoning category itself.
How a zoning variance works in Missouri
In Missouri, variances are granted by the local board of adjustment after a public hearing. Municipal zoning power flows from Chapter 89 RSMo, with the board's variance authority at RSMo § 89.090, while counties zone under Chapter 64 RSMo. The board does not grant relief simply because it would be convenient; the owner must show that the hardship arises from a unique condition of the property — an odd shape, steep grade, or unusual easement — and is not self-created.
There are two common types. An area (dimensional) variance relaxes a measurement such as a setback, height limit, or minimum lot size, and is judged by the lighter "practical difficulties" standard. A use variance authorizes a use the district otherwise prohibits; it requires the much harder "unnecessary hardship" showing and is sometimes limited or unavailable by local ordinance.
Why it matters
For property owners, a variance can be the difference between completing a project and abandoning it when an irregular lot or pre-existing condition makes the ordinance impossible to meet. Choosing the right tool also matters: applying for a variance when you actually need a rezoning or special use permit wastes the fee and the hearing date. For neighbors, the variance process provides notice and a chance to be heard, because a variance must not harm the surrounding area or change its essential character.
Frequently Asked Questions
Is a variance the same as rezoning?
No. A variance is narrow relief from a specific rule because of a hardship unique to your land, decided by the board of adjustment. Rezoning changes the parcel's zoning classification itself and is a legislative act by the local governing body.
Who grants a zoning variance in Missouri?
The local board of adjustment grants variances after a public hearing, under Chapter 89 RSMo for municipalities and Chapter 64 RSMo for counties. Granting a variance often requires a supermajority vote.
Which variance is harder to get?
A use variance is much harder than an area variance. It demands proof of unnecessary hardship — generally that the land cannot yield a reasonable return as zoned — and some Missouri jurisdictions limit or refuse use variances entirely.
Legal Disclaimer
This page provides general legal information about Missouri law and is not legal advice. It does not create an attorney-client relationship. Every situation depends on its own facts, deadlines, and documents; consult a qualified Missouri attorney before acting.