Use vs. Bulk Variances: What’s the Difference and Which Do You Need?

If you’re planning a development project or business in Chicago or the surrounding area and the zoning doesn’t quite work for what you want to do, you might need a variance. But not all variances are the same.

Some Chicago area municipalities recognize two types of variances: use variances and bulk variances. Understanding the difference matters because they have different approval standards, different success rates, and different strategic considerations.

What is a Variance?

A variance is a form of zoning relief that allows you to deviate from specific requirements in the zoning ordinance. When the strict application of zoning regulations would create practical difficulties or particular hardship, a variance provides a way to move forward with your project.

In Chicago, the Zoning Board of Appeals has the authority to grant variances. However, variances aren’t automatic. You must demonstrate that your situation meets specific legal criteria. The type of variance you need depends on what kind of relief you’re seeking.

What’s a Bulk Variance?

A bulk variance provides relief from the physical or dimensional requirements of the zoning code. These are the regulations that control how structures can be built on a property.

Common Examples of Bulk Variances

• Setback reductions. Your building is too close to the property line, or you want to build an addition that doesn’t meet the required setback from the front, side, or rear yard. Examples include reduced rear setbacks for pergolas and decks, or reduced multiple setbacks for front raised decks and rear stairs.
• Floor area expansions. Your building’s total floor area is larger than what’s permitted based on your lot size. This commonly comes up when converting attics into habitable space or adding rear additions.
• Building height increases. Your building exceeds the maximum height allowed in your zoning district. Property owners often seek height variances for third-floor dormer additions or additional stories.
• Parking requirements. You don’t have enough parking spaces to meet the minimum requirement for your use.

What Bulk Variance Applications Must Show

Variance applications in Chicago and the surrounding area generally require you to demonstrate several key points:

1. Practical difficulties or particular hardship. The strict application of the zoning ordinance creates practical difficulties or particular hardship that go beyond mere inconvenience or financial considerations.
2. Unique physical conditions. Your property has unique physical characteristics—such as irregular shape, unusual dimensions, topography, or other features—that distinguish it from other properties in the same zoning district.
3. Hardship not self-created. The difficulty wasn’t created by you or a previous owner through voluntary actions.
4. Limited impact on neighbors. The variance won’t substantially affect neighboring properties or the character of the area.
5. Consistent with zoning intent. The variance aligns with the overall purpose and goals of the zoning ordinance.

The key is showing that something specific about your property makes compliance with the dimensional requirements unreasonably difficult.

What are Use Variances?

A use variance allows a property to be used in a way that the zoning ordinance doesn’t permit in that district. This is relief from the use restrictions themselves, not the physical requirements.

When You Might Need a Use Variance

Use variances come up when:

• Your intended use isn’t allowed in your zoning district
• You want to change from one non-conforming use to another
• You want to expand or intensify an existing non-conforming use beyond what’s currently permitted

Use Variances Face Higher Scrutiny

Use variances are significantly harder to obtain (or in some localities, not recognized) than bulk variances. Zoning boards are generally reluctant to grant them because they represent a more fundamental departure from the zoning plan. Typically, a rezoning is the better alternative to a use variance.

Higher Standards for Use Variances

Use variance applications face more demanding requirements than bulk variances. Applicants generally must demonstrate:

1. Hardship based on physical characteristics. The property’s physical characteristics prevent any reasonable use under the permitted zoning classifications.
2. No reasonable return possible. The applicant cannot obtain a reasonable return from any use permitted in the zoning district—not just that the preferred use would be more profitable.
3. Hardship not self-created. The difficulty wasn’t created by voluntary actions of the current or previous property owner.
4. No alteration of neighborhood character. The variance won’t fundamentally change the essential character of the surrounding area.

The critical difference is that use variances often require proving that no permitted use can provide a reasonable economic return—a significantly higher bar than the “practical difficulties” standard typically applied to bulk variances.

How to Determine Which Variance You Need

Understanding whether you need a use variance or a bulk variance comes down to one question: What aspect of the zoning code prevents you from moving forward?

You May Need a Bulk Variance If:

• Your building or addition is too tall
• Your structure doesn’t meet setback requirements
• You don’t have enough parking spaces
• Your building exceeds the floor area ratio
• Any other physical or dimensional standard prevents your project

You May Need a Use Variance If:

• Your intended business or use isn’t permitted in your zoning district
• You want to change from one non-conforming use to another
• You’re trying to expand a non-conforming use

If you’re unsure whether a use variance is permitted, reviewing the applicable ordinance may clarify the issue. Many municipalities only recognize bulk variances and require a rezoning to change the use classification.

Alternatives to Consider Before Seeking a Variance

Before pursuing either type of variance, consider whether other forms of zoning relief might be more appropriate:

Special Use Permits

If your use is listed as a “special use” in your zoning district, you don’t need a variance. You need a special use permit. Special use permits are often easier to obtain than use variances because the zoning code already contemplates the use as potentially appropriate with conditions.

Rezoning

If you need a use variance, it may make more sense to seek a zoning map amendment (rezoning) instead. Rezoning changes the zoning classification of your property to one that permits your intended use.

While rezoning involves a different process and requires City Council or Village Board approval, it may be more straightforward than meeting the stringent standards for a use variance.

The Variance Application Process in Chicago

Regardless of which type of variance you need, the process in Chicago follows similar procedural steps:

Applications must be filed within 120 days of receiving a written zoning denial. According to Chicago Zoning Board of Appeals procedures, you must notify property owners within the required distance and post signage at your property at least two weeks before the hearing.

The ZBA typically meets on the third Friday of each month. You’ll present your case, answer questions from the board, and respond to any public comments or opposition. The board will consider whether you’ve met the applicable standards for the type of variance you’re seeking.

The entire process typically takes several months from application to final decision. If your application is denied, you generally cannot reapply for the same relief within one year.

When to Get Help With Use vs. Bulk Variances

Variance applications involve technical legal standards and discretionary review. The stakes are high—if your application is denied, you may be unable to move forward with your project.

A zoning attorney can:

• Determine whether you need a use or bulk variance
• Assess whether your situation realistically meets the applicable standards
• Identify alternative forms of relief that might be more appropriate
• Prepare a compelling application with supporting evidence and expert witnesses where needed
• Present your case effectively at the hearing
• Engage with your alderman and address community concerns

We handle zoning cases and can evaluate your situation to determine the best path forward.

Contact us today to discuss your project and whether a variance is the right approach for your situation.