California Real Estate Broker ExaminationPropertyMedium
A property owner wants to build a new addition that will extend beyond the established setback lines for their residential zone. To legally proceed with construction, what would the owner most likely need to obtain?
- AA conditional use permit
- BA variance
- CA building permit
- DA rezone
Show answer & explanationAnswer & explanation
Correct answer: B. A variance
A variance is an exception to a zoning ordinance that allows a property owner to use their land in a way that is otherwise prohibited, due to a hardship caused by the ordinance.
Why the other options are wrong
- A. A conditional use permit allows a specific use that is not standard for the zone but is deemed compatible, under certain conditions.
- C. A building permit authorizes construction but doesn't grant exceptions to zoning rules.
- D. A rezone changes the entire zoning classification of a parcel, which is a broader change than a single setback exception.
Variance
An authorized deviation from strict compliance with zoning ordinances, granted when strict enforcement would cause undue hardship.
- Granted by a zoning board or planning commission.
- Requires demonstrating undue hardship, not self-imposed.
- Does not change the zoning classification of the property.
- Typically for minor deviations (e.g., setbacks, height limits).
Memory trick: Variance: 'V'ery 'A'typical 'R'equest 'I's 'A'llowed for 'N'eed.