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A variance in Illinois zoning allows:

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Question & Answer

Review the question and all answer choices

A

Complete exemption from zoning laws

A variance does not provide a complete exemption from zoning laws β€” it only addresses one or a few specific requirements, and the property must still comply with all other applicable zoning regulations.

B

Relief from specific zoning requirements due to hardship

Correct Answer
C

Change of the entire zoning district

Changing an entire zoning district is accomplished through a rezoning or zoning amendment, which is a legislative act by the local governing body β€” a far more extensive process than obtaining a variance.

D

Temporary construction permits

Temporary construction permits are issued by a building department under a separate permitting process and have nothing to do with the variance procedure, which addresses land use restrictions rather than construction authorization.

Why is this correct?

Answer B is correct because a variance, by legal definition, provides relief from a specific zoning requirement β€” such as a setback, lot coverage, or height restriction β€” when strict enforcement would impose undue hardship on the property owner. Under Illinois zoning law (65 ILCS 5/11-13-5), local zoning boards of appeals have the authority to grant variances upon a showing of hardship, but only to the minimum extent necessary to relieve that hardship. The variance does not change the underlying zoning classification; it simply carves out a narrow exception for one specific requirement on one specific parcel.

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