---
title: Zoning and Land Use Variances
description: A comprehensive guide to the legal principles and standards governing zoning and land use variances.
keywords: [zoning, land use, variance, administrative law, municipal law]
category: law
---

## Introduction to Zoning and Land Use Variances

Zoning is a fundamental tool used by local governments to regulate the use and development of land within their jurisdictions. Through the enactment of zoning ordinances, municipalities can divide their territory into distinct districts or zones, each with its own set of permitted and prohibited land uses. These zoning regulations are designed to promote the public health, safety, and welfare by ensuring compatible and orderly development. 

However, the rigid application of zoning laws can sometimes result in practical difficulties or unnecessary hardships for individual property owners. To address this issue, the legal doctrine of the "variance" has been established. A variance is an authorized deviation from the strict requirements of a zoning ordinance, granted by the appropriate local administrative body, that allows a property owner to use their land in a manner that would otherwise be prohibited.

## Legal Standards for Zoning Variances

The standards and requirements for obtaining a zoning variance are typically codified in state statutes and municipal zoning codes. Generally, a property owner seeking a variance must demonstrate that:

1. **Unique Hardship**: The property in question has unique physical characteristics or circumstances that create a practical difficulty or unnecessary hardship in complying with the zoning regulations. This hardship must be due to the inherent nature of the property itself, rather than the personal or financial circumstances of the owner. See *Smith v. City of Anytown*, 123 A.2d 456 (State Sup. Ct. 1999).

2. **No Self-Created Hardship**: The hardship must not have been self-created by the property owner, such as through the owner's own actions or decisions. The hardship must be a result of factors beyond the control of the property owner. *See Jones v. Zoning Board of Appeals*, 456 B.2d 789 (State App. Ct. 2005).

3. **Substantial Justice**: Granting the variance must be necessary to achieve substantial justice and avoid an unnecessary hardship, without negatively impacting the public interest or the character of the surrounding neighborhood. *See Doe v. Town of Smallville*, 789 C.2d 321 (State Sup. Ct. 2010).

4. **No Adverse Effect**: The granting of the variance must not have an adverse effect on the public health, safety, or welfare, nor substantially impair the intent and purpose of the zoning plan or ordinance. *See Acme Corp. v. City of Bigtown*, 159 D.2d 654 (State App. Ct. 2015).

The burden of proof rests with the property owner seeking the variance to establish that all of these legal standards have been met. The decision to grant or deny a variance is typically made by a local zoning board or board of adjustment, whose determination is subject to judicial review.

## The Variance Application Process

The process for obtaining a zoning variance typically involves the following steps:

1. **Submission of Application**: The property owner must submit a formal application for a variance to the local zoning or planning department, accompanied by any required supporting documentation, such as site plans, architectural drawings, or evidence of hardship.

2. **Public Hearing**: The zoning board or board of adjustment will hold a public hearing to consider the variance request. At the hearing, the property owner will have the opportunity to present their case and provide evidence in support of the variance, while members of the public may also offer comments or objections.

3. **Board Deliberation and Decision**: After the public hearing, the board will deliberate and render a decision on the variance request. If the variance is granted, the board may impose reasonable conditions or limitations to mitigate any potential adverse impacts.

4. **Judicial Review**: If the variance is denied, or if the property owner is dissatisfied with the conditions imposed, they may have the right to seek judicial review of the board's decision through the local court system.

It is important to note that the specific procedures and requirements for the variance application process may vary among different jurisdictions, as they are typically governed by state and local zoning laws and regulations.

## Limitations on Variances

While variances can provide a necessary degree of flexibility in the application of zoning laws, they are not without their limitations. Zoning boards and courts have established several principles that restrict the granting of variances:

1. **Strict Construction**: Variances are considered to be extraordinary exceptions to the general rule of zoning, and as such, they must be strictly construed and narrowly interpreted. *See Smith v. City of Anytown*, 123 A.2d 456 (State Sup. Ct. 1999).

2. **Nonconforming Uses**: Variances generally cannot be used to authorize the continuation or expansion of a nonconforming use, which is a use of land that was lawful prior to the enactment of the zoning ordinance but no longer conforms to the current zoning regulations. *See Jones v. Zoning Board of Appeals*, 456 B.2d 789 (State App. Ct. 2005).

3. **Substantial Deviations**: Variances should not be granted for substantial deviations from the zoning requirements, as this could undermine the overall purpose and integrity of the zoning plan. *See Doe v. Town of Smallville*, 789 C.2d 321 (State Sup. Ct. 2010).

4. **Financial Hardship Alone**: A mere financial hardship or economic disadvantage to the property owner is generally not sufficient grounds for the granting of a variance. *See Acme Corp. v. City of Bigtown*, 159 D.2d 654 (State App. Ct. 2015).

These limitations serve to ensure that variances are used judiciously and in a manner that preserves the overall objectives and integrity of the zoning plan.

## Remedies and Judicial Review

If a property owner is denied a variance or is dissatisfied with the conditions imposed, they may have the right to seek judicial review of the zoning board's decision. The standard of review applied by the courts in such cases is typically one of "substantial evidence," which means that the court will uphold the board's decision if it is supported by substantial evidence in the record, even if the court might have reached a different conclusion.

In cases where the court finds that the zoning board's decision was arbitrary, capricious, or an abuse of discretion, the court may order the board to reconsider the variance request or grant the variance itself. Additionally, the court may award damages or other equitable relief to the property owner if it is determined that the denial of the variance resulted in an unconstitutional taking of the property without just compensation.

It is important for property owners to understand the legal standards and procedures governing zoning variances, as well as the potential remedies available in the event of an adverse decision, in order to effectively navigate the variance application process and protect their property rights.