Rather, the defining characteristic is the narrowness and unjustified nature of the benefit to the particular property owner, to the detriment of a general land use plan or public goals.
[1] Special zoning treatment may have a legitimate use, however, such as when a community wishes to have more local control of land use.
This may occur in a rural county which has no zoning at all, where a village or hamlet may wish to maintain its characteristic feel and historic appeal (often to protect tourism), without adding another layer of local government and taxes by creating a municipality.
Generally, zoning is a constitutional exercise of a state's police power[4] to protect public health, safety, and welfare.
A variance is the license to deviate from the land-use restrictions imposed by the zoning ordinance.
If a local zoning authority decides to grant a variance to a landowner who lacks substantial hardship, then its legality (regarding equal protection) may be called into question.