Illinois Real Estate Practice Exam

What should a property owner request if they wish to make an improvement not compliant with zoning ordinances?

1. Special Exception

2. Conditional Use Permit

3. Variance

4. Building Permit

The correct answer is: Variance

A property owner who wants to make an improvement that is not compliant with zoning ordinances should request a variance. A variance allows the owner to deviate from specific zoning requirements due to unique circumstances related to the property's shape, size, or topographical conditions. By granting a variance, the local zoning board acknowledges that strict adherence to zoning laws would impose unreasonable hardships on the property owner. Other options might not be suitable for this situation. A special exception generally refers to a use that is permitted under specific conditions established by the zoning ordinance but doesn't apply to all types of non-compliant improvements. A conditional use permit is similar to a special exception in requiring certain conditions to be met, allowing particular types of development that are not typically allowed in the zoning district. A building permit, on the other hand, is necessary for actual construction or significant renovations but does not grant permission to deviate from zoning laws. Therefore, seeking a variance is the appropriate course of action for addressing non-compliance with zoning ordinances.