What is the difference between a special exception and a variance?
A Special Exception is an activity that is allowed by the Ordinance if certain conditions are met and the ZBA approves. A Variance is a situation that is not listed in the Ordinance or perhaps prohibited by the Ordinance that requires ZBA approval.
What is a special exception use?
Special exceptions are used by local governments when a particular use of the land is potentially problematic, but can be allowed if subjected to heightened development standards. These are also frequently referred to as special use permits or conditional use permits.
What is a Special Use Permit in real estate?
Special Use Permits are designed to give flexibility to the community and property owners to allow for other compatible uses within a particular zoning district. … The property must be zoned for the proposed use and identified in the zoning ordinance.
What’s the difference between a special use permit and a variance?
In contrast, an applicant for a special use permit does not have to show hardship. Instead, the focus is on simply showing that the proposed use meets the conditions already contained in the ordinance, whereas a variance is, in essence, permission to “break the law.”
What is a hardship for a variance?
The standard of approval for a dimensional variance is “practical difficulty,” which the courts have defined to mean that strict compliance is “unnecessarily burdensome” and granting the variance would “do substantial justice to the owner.” The “undue hardship” standard for a use variance is much more difficult to meet …
What do you need a variance for?
A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance.
What does non conforming use mean in real estate?
A nonconforming use is a use of property that was allowed under the zoning regulations at the time the use was established but which, because of subsequent changes in those regulations, is no longer a permitted use.
What is conditional use zoning?
A conditional use permit is a zoning exception that allows you to use your property in non-conforming ways. It can be an alternative to applying for rezoning, and it can allow you to use your property in a unique way where rezoning is not possible.
What is the difference between permitted use and conditional use?
A permitted use is a use that is allowed as long as the landowner meets all of the other requirements of the particular zoning category. … With a conditional use, the landowner (or user of the property) applies for a permit, known as a conditional use permit.
What is a special permit?
Special permits are approvals given to uses that meet certain standards or conditions which are listed in the local zoning ordinance. The conditions are often designed to ensure that the use will not adversely affect nearby, existing uses.
What is a zoning permit used for?
A zoning permit is the permit issued by the city that allows you to use the property or building for your intended purpose. It is the city’s official approval for you to proceed with your project – as long as it stays true to the project that was approved.