How to Get a Fence Permit Variance

What Is a Fence Permit Variance?

A variance is an official authorization allowing you to deviate from a specific code requirement — typically a height limit, setback requirement, or material restriction — that you cannot meet due to a unique characteristic of your property or situation. Variances are distinct from permits: a permit approves work that meets code; a variance approves work that doesn't meet code but is justified by specific circumstances.

The most common fence variance requests are:

• Height variance: wanting a 7- or 8-foot fence where 6 feet is the maximum
• Setback variance: needing to place the fence closer to the property line or right-of-way than allowed
• Location variance: wanting a solid fence in a front yard where solid fences are restricted
• Material variance: wanting to use a material not on the approved list for a historic district

The Three Tests Every Variance Must Pass

Variance boards in virtually every U.S. jurisdiction apply a version of the same three-part test, derived from zoning law precedent. Your application must address all three:

1. Unique hardship — not self-created The condition creating the need for the variance must be unique to your property — not something you created, and not a condition that applies to most properties in the neighborhood. Examples: an unusually shaped lot, a significant grade change, an adjacent commercial use that creates noise/privacy needs unusual for a residential area, or a pre-existing structure that makes standard placement impossible. "I just want more privacy" does not meet this standard. "My property borders a commercial loading dock that creates noise from 6 AM daily" might.
2. Strict compliance creates practical difficulty or unnecessary hardship Applying the standard rule to your specific situation must create a demonstrable problem beyond mere inconvenience. For a height variance: "the 6-foot limit leaves the top of my fence below the sight line of the adjacent elevated highway" is a hardship argument. "I would prefer more privacy" is not.
3. The variance will not harm the public interest or neighboring properties Your variance must not substantially impair the essential character of the neighborhood, create safety issues, or unreasonably damage neighbors' property values or enjoyment. A 7-foot fence along a rear property line adjacent to a commercial zone is more likely to pass this test than a 7-foot fence in the front yard facing the street.

How to Prepare a Strong Variance Application

1. Get the variance application form from your building or zoning department Variance applications are separate from permit applications. Ask specifically for the "variance application" or "board of adjustment application." Many jurisdictions now have these online.
2. Prepare a written hardship statement addressing all three tests This is the most important document in your application. Write it in clear, factual language — avoid emotional appeals. State: (1) the unique physical characteristic of your property that creates the need; (2) what problem strict compliance creates; (3) how the variance will not harm neighbors or the neighborhood. One to two pages, single-spaced.
3. Prepare a detailed site plan Show your property boundaries, existing structures, the proposed fence location, and measurements. If the variance is for height, show a cross-section elevation drawing indicating why the standard height is inadequate for your specific situation.
4. Collect supporting evidence Photos of the conditions creating the hardship (grade change, adjacent commercial property, existing structures). Survey documentation if the variance relates to setbacks. Comparative photos of similar variances that were approved in your neighborhood.
5. Get neighbor letters of support A signed letter from the directly affected neighbor(s) stating they have no objection is powerful evidence. Boards are far more likely to approve variances when adjoining owners are on record as non-objecting.
6. Attend the hearing and present in person Most variance boards hold public hearings. Attend, speak briefly and factually, and be prepared to answer questions. Board members often approve borderline applications when the applicant demonstrates genuine understanding of the code and a cooperative attitude.

Variance Fees and Timelines

What Happens If Your Variance Is Denied

A variance denial is not permanent. Your options:

• Redesign and reapply: Most jurisdictions require a waiting period (often 6–12 months) before a substantially similar variance request can be reconsidered. But a meaningfully different design that addresses the board's concerns can be resubmitted sooner in many jurisdictions.
• Request reconsideration: Some boards allow a one-time reconsideration request if new evidence is presented.
• Appeal to the zoning board of appeals or city council: Variance denials can be appealed in most jurisdictions. The standard of review is typically whether the board acted arbitrarily or contrary to law — not whether you think the decision was wrong.
• Consult a land use attorney: For high-stakes variances (commercial property, significant value impact), a land use attorney can prepare the application, represent you at the hearing, and file an appeal if needed.

Frequently Asked Questions — Fence Variances