Most Code-Compliant Projects Are Straightforward - Projects That Need Zoning Relief Require Understanding of Variance and Special Use Permit Process
Not every project fits neatly within the permitted uses and dimensional standards of the applicable zoning district. A client wants to build a slightly taller building than the height limit allows; a medical clinic wants to locate in a residential zone that does not list medical offices as a permitted use; a parking lot does not have enough depth to provide code-required setbacks on three sides. When a project cannot meet the letter of the zoning ordinance, the architect must understand the options for relief: a zoning variance (for relief from dimensional standards), a special use permit (for uses not listed by right in the zone), or a rezoning (for a fundamental change in the permitted uses on the site). The ARE PA exam tests these processes as part of the site analysis and zoning compliance content area.
Variances
A variance is relief from a specific numerical standard in the zoning ordinance - a setback, height limit, lot coverage requirement, or parking count. Variances are granted by the Zoning Board of Appeals (ZBA) or similar body and require the applicant to demonstrate hardship - typically, that the property has unique physical characteristics (irregular shape, topography, existing easements) that make strict compliance impossible or unreasonably burdensome, and that the variance is the minimum relief necessary to achieve a reasonable use of the property. Variances are not available simply because compliance is expensive or inconvenient. Two types of variances: area variances (dimensional standards - setbacks, height, lot coverage) and use variances (permission to use the property for a use not listed in the zone; use variances are disfavored and not available in many jurisdictions). The standard for granting variances varies by jurisdiction; the architect must understand the local ZBA's standards before applying.
Special Use Permits (Conditional Use Permits)
A special use permit (also called a conditional use permit or CUP) allows a use that is not listed as permitted by right in a zoning district but is specifically listed as a "special use" that may be allowed with additional review and conditions. The applicant applies to the ZBA or planning board (jurisdiction varies), which holds a public hearing and evaluates whether the proposed use meets specific criteria set in the ordinance (compatibility with surrounding uses, traffic impacts, parking adequacy, etc.). If approved, the special use permit typically carries conditions - parking requirements, screening, hours of operation, or design standards. Special use permits are more common and more readily granted than use variances because the zoning ordinance has already identified the use as appropriate with conditions - the review is over the specific conditions, not whether the use is appropriate at all.
Key Exam Points
- Variance: relief from dimensional standards (setbacks, height, coverage). Requires demonstration of hardship.
- Granted by Zoning Board of Appeals; property must have unique physical circumstances.
- Special use permit (CUP): allows a use listed as conditionally permissible in the ordinance; reviewed by ZBA or planning board with conditions attached.
- Special use permits: more common and more achievable than use variances because the use is pre-identified as potentially acceptable.
- Rezoning: changes the applicable zoning district for the parcel; requires action by legislative body (city council); highest bar for approval.
AREprep's PA site analysis content covers the full spectrum of zoning compliance options - permitted by right, special use permits, variances, and rezoning - giving ARE PA candidates the zoning relief process knowledge they need to answer project scheduling and code analysis questions that describe sites where the proposed program requires some form of zoning relief from the governing zoning ordinance.
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