Land Use & Zoning

In Illinois, a variance is a discretionary exception to a zoning ordinance typically granted when:

AThe owner simply prefers to use the land differently
BStrict application of the zoning ordinance would cause unique hardship not shared by neighboring properties✓ Correct
CThe property is in a tax increment financing (TIF) district
DA majority of neighbors petition for the change

Explanation

A variance allows a property owner to deviate from specific zoning requirements when strict compliance would cause a unique and undue hardship due to the particular characteristics of that property. Illinois municipalities require applicants to demonstrate that the hardship is not self-created and not shared generally by properties in the same zone. A variance is not a zoning change—it is a site-specific exception.

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