A California property owner applies for a zoning variance to build a garage that would encroach into the required side yard setback. Under California Government Code §65906, what is the primary standard the owner must satisfy to obtain the variance?
Correct Answer
A) That the property's physical characteristics create a hardship making strict compliance with the setback requirement unreasonable
Under California Government Code §65906, a variance may be granted only when special circumstances applicable to the property — such as its size, shape, topography, or location — cause strict application of the zoning ordinance to deprive the owner of privileges enjoyed by other similarly zoned properties. The hardship must arise from the property's unique physical characteristics, not from the owner's personal circumstances or self-created conditions.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
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.
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