Variances, Exceptions, and Waivers: When the Code Says No, But You Can Still Get Approved

Not every sign project fits neatly within the code. The client wants a monument sign that's

two feet taller than the maximum. The setback requirement would put the sign behind a

retaining wall where no one can see it. The building frontage formula allows 40 square feet

for a tenant whose name is twelve characters long.

When the code says no, it doesn't always mean no. Here's how to navigate relief options.

Variance:

A variance is a formal request to deviate from a dimensional standard in the code - height,

area, setback, number of signs, etc. It requires a public hearing before a zoning board or

board of adjustment, and the applicant typically must demonstrate:

• The strict application of the code creates an undue hardship specific to this property The hardship is not self-created (i.e., you're not asking for a variance just because you

want a bigger sign)

•  Granting the variance won't harm adjacent properties or the public interest

Variances add time is typically 4 -12 weeks and are not guaranteed. The stronger the

hardship argument, the better the odds.

Exception or Special Use:

Some codes include administrative exceptions - deviations that can be approved by staff

without a public hearing, typically for minor dimensional adjustments within a defined

threshold (e.g., up to 10% over the maximum sign area). These are faster than a full

variance but only available when the code explicitly provides for them. Other codes allow special use permits or conditional use permits for sign types not permitted by right. These typically require planning commission or city council approval.

• Master Sign Program Amendment

If a property has a Master Sign Program on file, the relief process is different. Rather than applying for a variance under the general sign code, you apply to amend the MSP itself - a separate process that goes back to the approving body (often the planning department or design review board) that approved the original MSP. This is more targeted than a variance and often faster, but it requires knowing the MSP exists in the first place.

• Design Review Negotiation

In jurisdictions with design review boards, there's often more flexibility than the code text suggests - if you know how to present the project. Design review boards care about aesthetics, not just dimensional compliance. A sign that exceeds the letter of the code but fits the architectural character of the building may get approved with the right presentation.This is one area where knowing the specific board's preferences and decision history pays off.

Practical Advice for PMs

Before deciding whether to pursue a variance or exception:

•  Confirm whether the deviation is actually required - double-check the code calculation

•  Identify what relief mechanism is available in this specific jurisdiction

•  Estimate the timeline and factor it into the project schedule before the client commits to a fabrication date

•  Assess the odds - not every variance application is worth pursuing

  
  

At Easy Code Checks, we identify variance requirements as part of the code check process

and flag them before your design is committed.

Flat rate. No surprises. Every jurisdiction.

Learn more at easycodechecks.com →