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Do variances change real estate zones?

On Behalf of | Aug 1, 2025 | Real Estate Law |

As a prospective business owner, you have run into some real estate issues. You purchased a property that you believe will be ideal for your new company. The only problem is that the city is now telling you that the property is only zoned for residential use, so you cannot use it commercially.

However, you have discovered that there is a nearby business already operating out of a similar property. When you talk to the business owner, they tell you that they applied for and were granted a variance. Since they were given the variance and allowed to run a commercial operation out of a residential property, does that mean the zone has been changed and that you can now follow their example?

The variance only applies to that property

No, the zone has not changed at all. A variance does not apply to an entire zone or even a directly neighboring property. It only applies to the specific property to which it was granted. This does not alter the zone, but tells the other property owner that they are allowed to break those regulations.

Now, getting a variance may be an option for you. You can apply for it on your own, and if the city grants you a similar variance, then your commercial operation can move forward. But you should never assume that you are absolutely going to get it just because another property owner did—because their action never changed the zone in a fundamental way.

Real estate issues like this can become very complex, so be sure you know exactly what legal options you have.