Land Use & Zoning
What is a 'use variance' versus a 'dimensional (area) variance' in Delaware zoning?
ABoth types are identical and are resolved by the same process
BA use variance allows a use not permitted in the zoning district (harder to obtain, requires hardship); a dimensional variance relaxes a specific dimensional requirement (setback, lot coverage) for a permitted use (easier to obtain)✓ Correct
CA use variance allows unlimited height; a dimensional variance allows any use
DDimensional variances are only for commercial properties; use variances for residential
Explanation
A use variance allows a use not otherwise permitted in the zoning district — a very high bar requiring proof of unnecessary hardship without any reasonable return under current zoning. A dimensional (area) variance relaxes specific standards (setback, height, lot coverage) for a use that is otherwise permitted — a lower bar requiring only practical difficulty. Delaware zoning boards can grant both types of variances.
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