A variance in Illinois zoning allows:
Question & Answer
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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.
Relief from specific zoning requirements due to hardship
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.
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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