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Bulk regulations in zoning don’t always work for every property or project, which is why variances exist. If zoning requirements are standing in the way of your plans, securing a variance can provide the flexibility you need. At Birchwood Law, we help businesses, real estate developers, investors and property owners present strong cases for variances, ensuring their applications are positioned for approval.

Whether you need relief from minimum setback requirements, maximum height restrictions, or other zoning limitations, we’re here to help you move forward.

Zoning Variances Provide Flexibility for Property Owners

A zoning variance is a legal exception that allows property owners to deviate from specific zoning requirements that would otherwise apply to their property. Variances don’t change the underlying zoning classification but instead provide relief from particular development standards or restrictions.

Types of Variances

Municipalities throughout the Chicago region recognize several types of variances:

1. Variances from Zoning District’s Bulk Requirements

These address physical characteristics of development, such as:

Building height limitations
Setback requirements (front, side, and rear yard)
Lot coverage restrictions
Floor area ratio (FAR) limitations
Parking requirements
Minimum lot size or lot dimensions
Maximum impervious surface

2. Use Variances

These allow for uses not typically permitted in a particular zoning district. Use variances are more difficult to obtain than bulk regulation variances and often require demonstrating greater hardship. Some municipalities may not allow use variances at all.

3. Administrative Adjustments

For minor variations (typically up to 10% from standard requirements), many local governments allow the Zoning Administrator to grant administrative adjustments without a full Zoning Board of Appeals hearing.

When You Might Need a Variance

Common situations where property owners seek variances include:

Building an addition that can’t meet setback requirements
Constructing a garage or accessory structure that exceeds height limits
Developing on an irregularly shaped lot
Adding a porch or deck that encroaches into required yard areas
Expanding a nonconforming structure
Reducing required parking for a specific use
Accommodating unique topographical challenges

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The Variance Process in Chicagoland

Securing a variance in Chicago and surrounding communities typically involves these steps:

1. Pre-Application Analysis

Before applying, we evaluate your project to determine:

Which specific variances are needed
What legal standards must be met
What evidence will best support your request
Whether alternatives exist that might avoid the need for variances

2. Application Preparation

A complete variance application requires:

Application forms and fees
Site plans and drawings
Written narrative explaining the request
Hardship statement
Notification to neighboring property owners
Supporting documentation and evidence

3. Public Hearing

Most variance requests require a public hearing before a Zoning Board of Appeals (ZBA) or a Plan Commission, where:

Your case is presented with supporting evidence
Neighboring property owners can voice support or opposition
The ZBA or Plan Commission asks questions about your proposal
You respond to any concerns raised

4. Decision and Implementation

After the hearing, the ZBA issues a decision (or a Plan Commission issues a recommendation) to

Approve the variance as requested
Approve with conditions
Deny the request
Defer for additional information

If the ZBA has the final decision-making authority, you’ll receive a decision that becomes part of your property’s zoning record and must be referenced in future building permit applications.

Areas served

Arlington Heights
Barrington
Berwyn
Blue Island
Chicago
Chicago Heights
Des Plaines
Elk Grove Village
Evanston
Glenview
Lincolnwood
Morton Grove
Mount Prospect
Niles
Northbrook
Northfield
Palatine
Park Ridge

Bannockburn
Barrington/Barrington Hills
Beach Park
Buffalo Grove
Deerfield
Grayslake
Gurnee
Highland Park
Highwood
Lake Zurich
Libertyville
Lincolnshire
Long Grove
Mettawa
Mundelein
North Barrington
North Chicago
Riverwoods
Vernon Hills
Waukegan

Meeting the Legal Standard for Variances

While standards vary somewhat between municipalities, all zoning ordinances in the Chicago area establish specific criteria that must be satisfied to obtain a variance. The ZBA (or Plan Commission) evaluates variance requests against the codified criteria for approval:

Bulk Regulation Variances

The applicant must demonstrate:

Practical difficulties or particular hardships would result from strict application of regulations
The requested variance is consistent with the purpose and intent of the zoning ordinance
The difficulty or hardship is due to unique circumstances and not generally applicable to other properties
The variance will not alter the essential character of the neighborhood

For Use Variances

In addition to the above criteria, use variances may also require showing:

The property cannot yield a reasonable return if used only for purposes allowed in that district
The plight of the owner is due to unique circumstances
The proposed use will not alter the essential character of the locality