MBE Tip: Variances

You'll probably see some zoning questions in Property. I'd say that's a safe bet, likely on the MBE and maybe on an essay. You'll want to know what what the term "variance" means in this context.

A variance is created when a local government gives a landowner permission to deviate from a zoning requirement that the landowner would others be forced to oblige. The definition is simple enough: they'll probably test on the requirements for obtaining a variance. Two notable requirements: the first is that the variance cannot deviate from the zoning plan in a way that would be contrary to the public interest. The second is that enforcement of the zoning requirement would cause the landowner unnecessary hardship. You'll want to distinguish variances from non-conforming uses (an MBE trap right there). A non-conforming use might be granted if you were using the property in a certain way before the zoning requirements took effect. If so, you may be able to continue that use for a limited time. Variances don't have either these requirements or these limitations. Probably less important, but might be worth noting the two types of variances: use variances allow the land to be used differently than the zoned uses, and area variances allow for structures on the land to look differently than structures in the rest of the zoned area.