Which term is an exception to the strict application of a zoning ordinance to permit a use that is not permitted otherwise?

• A. Variance
• B. Hardship variance
• C. Use variance
• D. Nonconforming use

Answer: (A)

A variance acts as an exception to the strict application of a zoning ordinance by allowing a deviation from the ordinance’s requirements. It comes into play when a property’s unique circumstances make strict enforcement cause practical difficulty or undue hardship, so the zoning board may grant relief. A use variance is a specific type that directly permits a use not ordinarily allowed in the zoning district. The question points to the general concept of an exception to permit a use not permitted otherwise, and the broad term that covers this idea is variance. A nonconforming use, by contrast, is about continuing a use that was legal before a zoning change, not about obtaining permission for an otherwise prohibited use; while a hardship variance is a subset of variances dealing with hardship, the overall concept remains variance.