New York Real Estate Salesperson ExaminationLand Use Controls and RegulationsMedium
A developer plans to construct a 15-story residential building in a neighborhood currently zoned for single-family homes. To proceed with this project, the developer must first apply for a specific type of land-use approval from the local planning board. Which of the following permits or variances is most appropriate for this situation?
- AArea Variance
- BUse Variance
- CSpot Zoning Variance
- DConditional Use Permit
Show answer & explanationAnswer & explanation
Correct answer: B. Use Variance
A use variance is necessary when a property owner seeks to use their land in a way that is not permitted by the current zoning ordinance, such as building a multi-family dwelling in a single-family zone. This is a significant deviation from the zoning law.
Why the other options are wrong
- A. An area variance is granted when a property owner seeks to deviate from dimensional requirements (e.g., setbacks, height, lot coverage), not the fundamental use of the property.
- C. Spot zoning is an illegal practice where a single parcel is rezoned for a use inconsistent with the surrounding area, not a type of permit.
- D. A conditional use permit allows specific uses that are generally compatible with the zone but require special approval due to their potential impact, not a complete change of use.
Use Variance
Permission granted by a zoning board of appeals to allow a property to be used in a manner otherwise prohibited by the zoning ordinance, due to unique hardship.
- Changes the fundamental use of the property.
- Requires demonstrating 'unnecessary hardship'.
- Often involves a public hearing and strict criteria.
Memory trick: Use Variances change the 'what' of the land, Area Variances change the 'how much'.