Ownership and Land Use, 15% of the examination
Variance
Administrative permission to deviate from a zoning requirement because of a hardship unique to the parcel.
A variance commonly addresses a parcel-specific hardship involving matters such as setbacks, lot shape, or slope. It does not ordinarily authorize a use the zoning district forbids. A conditional use permit is different: it allows a use the ordinance lists as conditionally permitted when stated findings and conditions are met.
What this is confused with
The exam rarely asks for a definition. It describes a situation and offers two terms that both sound plausible.
Nonconforming use
A nonconforming use existed lawfully before the ordinance changed. A variance is permission granted after.
Test the distinction
A relevant question from Ownership and Land Use, selected because its facts or explanation use this concept.
What must an applicant normally show to obtain a variance?
Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.
Primary sources
Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.