Tom Witt discusses reconsidering the strict standard for granting zoning variances to better support development in The Legal Intelligencer. As zoning law marks 100 years since Village of Euclid v. Ambler Realty, Tom examines whether the longstanding “unnecessary hardship” standard for granting zoning variances still serves its intended purpose. Originally developed to protect the constitutionality of early zoning ordinances, the standard has evolved into a demanding threshold that can make it extremely difficult for property owners and developers to obtain relief, even when a proposed use may be consistent with the public interest.

Tom argues that rigid variance standards have failed to account for changing communities, evolving development needs, and uses that could not have been anticipated when zoning ordinances were adopted. Against the backdrop of the national housing shortage, he calls for a more flexible approach that would allow zoning boards to approve appropriate development based on public health, safety, and welfare, rather than requiring applicants to demonstrate an often difficult-to-establish hardship.

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