A variance is typically granted by the local zoning board of appeals when strict application of the zoning law would cause undue hardship to the property owner. The hardship must be unique to the property itself, not self-created by the owner. There are two types: use variances (allowing a different use than what zoning permits) and area variances (allowing deviations from setback, height, or size requirements).
A homeowner has an irregularly shaped lot that makes it impossible to meet the required 20-foot side setback. The zoning board grants an area variance allowing a 12-foot setback instead. The hardship is the unusual lot shape, not the owner's personal preference.
The exam loves to test that hardship must be unique to the property, NOT to the owner personally. "I need more income" is never valid hardship. Remember: variance = permission to violate zoning without changing the zoning itself.
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
Frequently Asked Questions
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