 Sam
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 Posted: Thu Apr 08, 2004 12:35 am Post subject: Zoning Variance |
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Zoning variance is an administrative exception to use land regulations. It is implemented to compensate for a deficiency in real property so that it would prevent the property from complying with the zoning regulations. Zoning variances are required in the United States in order to put an end to regulatory taking.
Zoning variance is a method used in order to insure that each property in the same locality is treated equally.
Example:
Suppose that a "low residential" zone requires that a house have a setback (the distance from the edge of the property to the edge of the building) of not less than 100 feet (30 m). If a certain property is only 100 feet (30 m) deep, it will not be possible to construct a house on the property, thereby resulting in an unlawful regulatory taking. A variance exempting the property from the setback regulation will then allow the house to be constructed on that property. |
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