American Institute of Certified Planners (AICP) Practice Exam

Which best defines a variance in zoning terms?

1. A change to allow alternatives to existing zoning laws

2. A departure from the zoning ordinance causing undue hardship

3. An automatic exemption from zoning fees

4. A method for enforcing community standards

The correct answer is: A departure from the zoning ordinance causing undue hardship

In zoning terms, a variance is best defined as a departure from the zoning ordinance that is required to avoid substantial hardship to a property owner. This means that when a property owner seeks a variance, they are requesting permission to deviate from the specific requirements set forth in the zoning code for their area. The need for a variance typically arises when compliance with the existing zoning laws would create an unnecessary hardship that is not self-imposed and is unique to the property. Variances are typically granted under certain conditions where the strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships, often related to unique physical characteristics of the property, such as its size, topography, or location. Thus, a variance serves as a mechanism to allow flexibility within the zoning laws while still maintaining the overall intent of the ordinance. In contrast, the other choices do not accurately encapsulate the concept of a variance. A change to allow alternatives to existing zoning laws implies a broader modification of the zoning ordinance itself and does not specifically refer to the hardship aspect. An automatic exemption from zoning fees does not relate to zoning regulations or hardship considerations, and a method for enforcing community standards does not align with the individual relief sought through a variance.