Use variances permit a prohibited use, while area or dimensional variances relax setback, height, or lot requirements. Standards typically require unnecessary hardship unique to the property and not self-created.

Use variance standards are stricter than area variances.

Alternative Names:

Zoning Variance|Use Variance

Why it Matters?

Self-created hardship defeats the application, and a purchaser who acquired property knowing of the restriction generally cannot claim hardship arising from that knowledge. Physical characteristics unique to the parcel, such as topography or irregular shape, are what support the claim rather than economic disadvantage. Use variances face substantially stricter standards than dimensional relief and are granted rarely.

Frequently asked questions

What defeats a variance application?

What defeats a variance application?

Self-created hardship, including a purchaser acquiring property with knowledge of the restriction they now seek relief from.

What supports the claim?

What supports the claim?

Physical characteristics unique to the parcel such as topography or irregular shape rather than economic disadvantage.