Zoning Variance vs. Zoning Exception: Key Differences

April 23, 2025
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Need to place a billboard but zoning rules are in the way? You have two options: apply for a zoning variance or request a zoning exception. Here’s a quick breakdown:

  • Zoning Variance: Use this if unique property issues (like a steep slope or obstruction) make following zoning rules impossible. You’ll need to prove that these conditions cause undue hardship. Variances are tied to the property and are usually permanent.
  • Zoning Exception: Choose this if your project aligns with the zone’s purpose but needs special approval (e.g., digital billboards in areas for static signs). Exceptions are temporary and require compliance with specific conditions.

Quick Comparison

Aspect Zoning Variance Zoning Exception
Definition Permission to deviate due to hardship Conditional use allowed by zoning
Legal Basis Prove undue hardship Meet specific conditions
Process Public hearings, longer timeline Administrative review, faster process
Cost Higher fees Lower fees
Duration Permanent Temporary (renewable)

Bottom line: Variances solve property-specific challenges, while exceptions focus on conditional uses. Choose based on your situation and local zoning rules.

What is the Difference between a Special Permit and a …

What Are Zoning Variances and Exceptions?

Zoning variances and exceptions deal with nonconforming billboard proposals. Understanding the difference helps advertisers navigate zoning compliance effectively.

Zoning Variance Basics

A variance allows a property to deviate from zoning rules when strict adherence would create an undue hardship due to unique property features. For billboard advertisers, this can involve:

  • Height restrictions
  • Setback requirements
  • Size limits
  • Illumination standards

For example, a sloped property or obstructed views might justify a taller sign or a different location. Once approved, a variance is typically tied to the property and remains in effect unless specific conditions or time limits are attached.

Zoning Exception Basics

An exception, also known as a conditional use permit, allows a specific use under certain conditions. Unlike variances, exceptions apply to pre-approved uses rather than unique hardships.

Scenarios where exceptions are common include:

  • Digital billboards in zones designated for static signs only
  • Signs in mixed-use areas
  • Extended lighting hours
  • Temporary displays for special events

Obtaining an exception requires meeting zoning guidelines, adhering to operational standards, undergoing reviews, and, in some cases, renewing the permit. Approval depends on factors like compatibility with the surrounding area, limited impact on nearby properties, adherence to zoning codes, and a clear business purpose.

Next, we’ll examine how to decide between pursuing a variance or an exception.

When to Use Each Option

Here’s how to decide which route to take based on the definitions:

  • Variance: Opt for this when specific site conditions, like a steep slope or physical obstruction, make following standard rules unworkable. You’ll need to demonstrate that these conditions cause undue hardship.
  • Exception: Choose this if your billboard fits the general purpose of the zone but requires special approval, such as using digital displays in areas designated for static billboards. You’ll need to show that your project aligns with the zone’s guidelines.
  • Apply: Review local regulations carefully. Variances typically require proof of hardship, while exceptions demand evidence that your project is compatible with the zone.
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Main Differences

Here’s a quick comparison of zoning variances and exceptions to help you decide the best approach for your billboard project.

Comparison Chart

Aspect Zoning Variance Zoning Exception
Definition Permission to deviate due to property hardship Conditional use allowed by zoning code
Legal Basis Requires evidence of undue hardship Must satisfy specific conditions
Application Process Involves public notice, hearings, and testimony Handled through administrative review
Typical Timeline Takes longer to process Process is quicker
Fees Higher costs involved Lower costs
Duration Permanent; applies to the property Temporary; can be renewed
Proof Required Must demonstrate undue hardship Must comply with detailed standards

What This Means for Billboard Ads

Zoning rules play a big role in where and how digital billboards can be placed. Variances address site limitations, while exceptions handle operating standards. Digital billboards often need to navigate both.

Digital billboards face zoning challenges due to electronic displays and traffic safety concerns. Here are some key zoning considerations:

  • Setbacks: If a property doesn’t meet the required distance from roads or structures, a variance may be needed.
  • Conditions: Exceptions might be required for specific display types or operating hours.
  • Safety: Applications must show that the billboard won’t distract drivers.

Blip’s platform simplifies these zoning requirements.

How Blip Simplifies Compliance

Blip

Blip offers pre-approved locations that meet variance and exception requirements, helping advertisers avoid zoning issues altogether. The platform provides a smooth review process, with an initial review completed in 90 minutes and final approval from property owners within 1-3 days.

"Billboards are one of the most impactful ways to advertise, and with Blip, you spend a fraction of what you would end up paying elsewhere." – Ray Bowens, Founder, Hashtag-Vape

This streamlined approach allows businesses to focus on crafting their message instead of worrying about zoning challenges.

Summary

Choose variances to handle unique property challenges and exceptions tied to specific conditional uses. Blip’s self-serve platform simplifies zoning compliance with built-in design standards and a straightforward two-step review process. The initial Blip review takes just 90 minutes, followed by owner approval within 1-3 days, helping you launch campaigns that meet zoning requirements with ease.