New York Real Estate Salesperson ExaminationLand Use Controls and RegulationsMedium
A commercial property owner wants to expand their retail store, but the proposed addition would bring the building closer to the property line than allowed by current zoning setback requirements. To obtain permission for this expansion, the owner would most likely apply for a/an:
- ASpecial Use Permit
- BRezoning Amendment
- CArea Variance
- DUse Variance
Show answer & explanationAnswer & explanation
Correct answer: C. Area Variance
An area variance is the appropriate mechanism for relief when a property owner seeks to deviate from dimensional requirements, such as setbacks, lot coverage, or height limits, without changing the fundamental use of the property.
Why the other options are wrong
- A. A special use permit (or conditional use permit) allows specific uses that are generally compatible with the zone but require special approval, not dimensional deviations.
- B. A rezoning amendment is a change to the zoning map itself, a complex process not typically used for a single property's dimensional deviation.
- D. A use variance is for changing the fundamental use of the property, which is not the case here (still a retail store).
Area Variance
Permission granted by a zoning board of appeals to deviate from dimensional requirements of a zoning ordinance, such as setbacks, height limits, or lot coverage.
- Deals with physical dimensions, not land use.
- Requires demonstrating 'practical difficulty'.
- Generally easier to obtain than a use variance.
Memory trick: Area variances manage 'how much' space, Use variances manage 'what' you do.