Personal hardship is not supposed to be grounds for granting a variance. In practice, this strictness is often not followed. In addition, variances are often granted by the legislative body of a municipality. Generally, courts will be more lenient toward area variances than they are toward use variance. Where a distinction is made, some courts will allow a use variance on a showing of hardship but area variances on a showing of practical difficulties.
Some jurisdictions allow variances to be granted on unnecessary hardship or practical difficulties.
The difference between a variance and a conditional use is that the conditional use is a lawful use contemplated by the ordinance, whereas a variance is a use of land not allowed within the ordinance but granted for reasons stated above. Depending on the legislation, PUDs can allow mixed uses and can disregard traditional zoning requirements, such as setback lines and lot coverage requirements in order to achieve better design. Some devices also provide incentives. For example, a PUD plan may allow greater density than the existing zoning, granted in exchange for better development. Department of City and Regional Planning, Ohio State University. 1989.