Zoning Variance Standard by State
The hardship test applied to use or area variance requests, statutory or common-law source of the criteria, and the party bearing the burden of proof.
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| Hardship Test | Statutory Source | Burden of Proof |
|---|---|---|
| Unnecessary hardship | 5-factor test | Applicant |
| Practical difficulty | Statutory | Applicant |
| Special circumstances | §9-462.06 | Applicant |
| Unnecessary hardship | Common law | Applicant |
| Practical difficulty | §65906 | Applicant |
| Practical difficulty | Local code | Applicant |
| Exceptional hardship | §8-6 | Applicant |
| Unique hardship | Title 22 | Applicant |
| Unnecessary hardship | Common law | Applicant |
| Unnecessary hardship | Local code | Applicant |
| Practical difficulty | HRS §46-4 | Applicant |
| Undue hardship | §67-6516 | Applicant |
| Practical difficulty | 65 ILCS 5/11-13 | Applicant |
| Practical difficulty | IC 36-7-4 | Applicant |
| Unnecessary hardship | §414.12 | Applicant |
| Unnecessary hardship | §12-715 | Applicant |
| Unnecessary hardship | KRS 100.243 | Applicant |
| Unnecessary hardship | Local code | Applicant |
| Undue hardship | 30-A §4353 | Applicant |
| Practical difficulty | Local code | Applicant |
| Substantial hardship | c.40A §10 | Applicant |
| Practical difficulty | §125.3604 | Applicant |
| Practical difficulty | §462.357 | Applicant |
| Unnecessary hardship | Common law | Applicant |
| Practical difficulty | §89.090 | Applicant |
| Unnecessary hardship | §76-2-323 | Applicant |
| Unnecessary hardship | §19-910 | Applicant |
| Special circumstances | NRS 278.300 | Applicant |
| Unnecessary hardship | RSA 674:33 | Applicant |
| Undue hardship | §40:55D-70 | Applicant |
| Unnecessary hardship | §3-21-8 | Applicant |
| Practical difficulty | Town Law §267-b | Applicant |
| Unnecessary hardship | §160D-705 | Applicant |
| Practical difficulty | §40-47-08 | Applicant |
| Practical difficulty | §713.11 | Applicant |
| Unnecessary hardship | Title 11 | Applicant |
| Undue hardship | ORS 215.250 | Applicant |
| Unnecessary hardship | §10910.2 | Applicant |
| Substantial hardship | §45-24-41 | Applicant |
| Unnecessary hardship | §6-29-800 | Applicant |
| Practical difficulty | §11-2-53 | Applicant |
| Unnecessary hardship | §13-7-109 | Applicant |
| Unnecessary hardship | §211.009 | Applicant |
| Unreasonable hardship | §10-9a-702 | Applicant |
| Unnecessary hardship | 24 VSA §4469 | Applicant |
| Unnecessary hardship | §15.2-2309 | Applicant |
| Special circumstances | RCW 36.70 | Applicant |
| Unnecessary hardship | §8A-8-3 | Applicant |
| Unnecessary hardship | §62.23(7) | Applicant |
| Unnecessary hardship | §15-1-606 | Applicant |
| Practical difficulty | DCMR Title 11 | Applicant |
The 'unnecessary hardship' versus 'practical difficulty' distinction generally tracks whether the request is a use variance (stricter standard) or area/dimensional variance (more lenient standard). Federal law does not regulate local zoning except through the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Fair Housing Act, and Equal Protection principles articulated in Cleburne v. Cleburne Living Center (1985).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.