Which zoning instrument allows a property to deviate from the literal zoning requirements, typically granted on a case-by-case basis?

• A. Nonconforming Use
• B. Conditional Use Permit
• C. Variance
• D. Spot Zoning

Answer: (C)

A variance is the tool that allows a deviation from the strict, literal requirements of a zoning ordinance when applying those rules would impose an undue hardship due to something special about the property. This relief is typically granted on a case-by-case basis by the local zoning board or board of adjustments, weighing the impact on the surrounding area and ensuring the change won’t undermine the ordinance’s overall purpose. It’s used to address practical difficulties like an oddly shaped lot or unusual topography that make full compliance impractical, while still keeping the use and development generally in line with the zoning district. This differs from a nonconforming use, which lets an existing pre-zoning change use continue; a conditional use permit, which permits a use that is allowed but only under specific conditions; and spot zoning, which is generally viewed as improper, singling out a single parcel for a zoning change inconsistent with the surrounding area.