Not Every Project Fits Neatly Within the Existing Zoning Framework
Even with careful site analysis and creative design, some projects cannot be built as envisioned without relief from one or more zoning requirements. A site might be too small to accommodate the required front setback while also providing adequate program space; a building type that has always been part of the community's fabric might not fit neatly into the code's permitted use categories; or a unique site characteristic (irregular shape, unusual topography) might make strict code compliance unreasonable. The zoning code provides two primary relief mechanisms: the variance (for dimensional and standards requirements) and the special use permit (for use-based requirements). Understanding when each applies, the criteria that govern approval, and the process for obtaining relief is tested on the ARE PA exam because it is part of the code research and site analysis skills an architect must bring to the programming and design process.
The Variance
A variance is an authorization from the zoning board to deviate from the dimensional or standards requirements of the zoning code - to build closer to a property line than the setback requires, to exceed the maximum height limit, or to reduce required parking below the code minimum. Variances are not granted simply because the owner would benefit from them. Most jurisdictions require the applicant to demonstrate "unnecessary hardship" - typically defined as a combination of: the property has a unique physical characteristic (shape, size, topography) that distinguishes it from surrounding properties; the hardship was not created by the property owner; literal application of the code would deprive the owner of reasonable use of the property; and the variance will not substantially impair the neighborhood's character. Variances are not routinely granted and should not be relied upon as a substitute for meeting code requirements during project planning.
The Special Use Permit
A special use permit (also called a conditional use permit, special exception, or special use authorization, depending on the jurisdiction) is required for uses that are allowable in a zoning district but only under specific conditions that are reviewed for each individual application. Unlike a variance (which allows deviation from a code standard), a special use permit authorizes a use that the code contemplates as potentially appropriate in the district but that requires individual review because of potential impacts on surrounding properties. A drive-through restaurant in a commercial zone, a school in a residential zone, or a group care facility in a neighborhood district might each require a special use permit that subjects the proposal to a public hearing and conditions of approval (limiting operating hours, requiring additional landscaping buffers, restricting delivery schedules).
The Application Process
Both variances and special use permits typically require formal applications to the local zoning board of adjustment or planning commission, payment of application fees, a defined notice period during which adjacent property owners are notified, a public hearing where neighbors may speak in support or opposition, and a formal written decision with findings. The architect often prepares or contributes to the application package, including site analysis documentation, proposed plans, and evidence supporting the required legal findings. In many jurisdictions, an attorney experienced in land use matters represents the applicant at hearings.
Key Exam Points
- Variance: relief from dimensional or standards requirements; requires "unnecessary hardship" finding.
- Special use permit: authorization for a conditionally permitted use; individual review, conditions of approval.
- Variances: property must have unique characteristic distinguishing it from neighbors; hardship not self-created.
- Both require public hearing with notice to adjacent property owners.
- Architect often prepares application documentation; attorney often represents applicant at hearing.
Study PA on AREprep
AREprep’s PA flashcards cover every concept on this exam with spaced repetition, and the practice exams mirror the real question formats so the actual test feels familiar.