1. A difference or disparity between two statements or documents that ought to agree; esp., in criminal procedure, a difference between the allegations in a charging instrument and the proof actually introduced at trial.
— Also termed variation. [Cases: Indictment and Information 171. C.J.S. Indictments and Informations §§ 206, 211.]
fatal variance. A variance that either deprives the defendant of fair notice of the charges or exposes the defendant to the risk of double jeopardy. • A fatal variance is grounds for reversing a conviction. [Cases: Indictment and Information 171. C.J.S. Indictments and Informations §§ 206, 211.]
immaterial variance. A variance that is too slight to mislead or prejudice the defendant and is thus harmless error. [Cases: Indictment and Information 171. C.J.S. Indictments and Informations §§ 206, 211.]
2. A license or official authorization to depart from a zoning law.
— Also termed (in sense 2) zoning variance. See HARDSHIP(4). Cf. SPECIAL EXCEPTION (2); SPECIAL-USE PERMIT. [Cases: Zoning and Planning 481–549. C.J.S. Zoning and Land Planning §§ 191, 228–232, 234–264.]
area variance. A variance that permits deviation from zoning requirements about construction and placement, but not from requirements about use. [Cases: Zoning and Planning 503.]
use variance. A variance that permits deviation from zoning requirements about use. [Cases: Zoning and Planning 481. C.J.S. Zoning and Land Planning §§ 228–229, 231–232.]
