ABSTRACT
Few people, including most members of zoning boards of adjustment, understand a zoning variance, why it has been built into the system, and how the justification for granting a variance should be determined. The greatest single cause for the failure of zoning to effectively guide land-use development so as to result in the betterment of our urban form has been the misuse of the variance technique—sometimes mistakenly or through ignorance and sometimes through purposeful and willful intent. Richard Babcock, a Chicago attorney noted for his zoning expertise, has been quoted as saying that 95 percent of all zoning variances granted in the United States are illegal. My experience in the field causes me to agree with this statement and, if I had any disagreement, it would be that I believe the percentage figure to be too conservative.
