Land Use & ZoningIntermediateDelaware Exam

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 ever granted for commercial properties; use variances are only ever granted for residential properties instead, though many experienced professionals would note some exceptions depending on the circumstances

Why A 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) Is Correct

Answer B: A 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)

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.

Key Land Use & Zoning Terms in This Question

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

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Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.

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