Land Use & Zoning
What is a 'use variance' versus an 'area variance' in Illinois zoning?
AThey are different terms for the same type of variance
BA use variance permits a use not allowed in the zone; an area variance allows deviation from dimensional standards (setbacks, height, lot coverage)✓ Correct
CA use variance requires court approval; an area variance requires only staff approval
DUse variances are for commercial zones; area variances are for residential
Explanation
A use variance permits a use that is not allowed in the zone as-of-right (e.g., allowing commercial use in a residential zone). Use variances are harder to obtain and less favored by courts because they contradict the zoning scheme. An area variance allows deviation from dimensional standards—setbacks, height limits, lot coverage—while keeping the allowed use. Area variances are more commonly granted when strict application creates a hardship due to unique physical characteristics.
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