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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.

Ownership and Land Use · 15%Public Controls

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.

Where this is tested

Other terms in this area