National Real Estate Exam (PSI)Land Use Controls and RegulationsMedium
A homeowner wants to build a garage that would extend 5 feet into the required side-yard setback under current zoning. What must the homeowner obtain from the zoning board to proceed?
- AA special use permit
- BAn amendment to the comprehensive plan
- CA variance
- DA nonconforming use designation
Show answer & explanationAnswer & explanation
Correct answer: C. A variance
A variance grants permission to deviate from a specific zoning requirement, such as a setback, due to hardship unique to the property. It is different from a special use permit, which allows a listed conditional use.
Why the other options are wrong
- A. A special use permit authorizes a use allowed conditionally by the ordinance, not a dimensional deviation like a setback.
- B. Amending the comprehensive plan is a broad legislative change, not a solution for a single property's setback issue.
- D. Nonconforming use status applies to pre-existing uses, not new construction requests.
Zoning Variance
Permission granted by a zoning board to deviate from a specific dimensional or use requirement due to unique hardship, without changing the underlying zoning.
- Addresses dimensional issues like setbacks or lot size
- Requires proof of unique hardship not self-created
- Different from a special use permit, which allows a conditional use
Memory trick: Variance = 'vary' the numbers (setbacks, height, size).