unnecessary hardship

unnecessary hardship
un·nec·es·sary hard·ship n: a deprivation of an owner's right to the beneficial use of property that is caused when a zoning ordinance makes it impossible to receive a reasonable return from the property
◇ Unnecessary hardship may justify the granting of a variance if the use permitted by the variance will not alter the essential character of the locality. Unnecessary hardship must involve unique characteristics of the property itself, not economic difficulties of the owner.

Merriam-Webster’s Dictionary of Law. . 1996.

unnecessary hardship
n.
A condition found when the physical characteristics of a piece of property prevent it from being used for purposes permitted by zoning laws, or when it would be prohibitively expensive to use it in the permitted ways, so zoning laws are therefore found to impose unreasonable difficulties on the property owner and a variance is warranted.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

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