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A use variance is a variance that authorizes a land use not normally permitted by the zoning ordinance. [2] Such a variance has much in common with a special-use permit (sometimes known as a conditional use permit). Some municipalities do not offer this process, opting to handle such situations under special use permits instead.
One of the purposes of the 1916 zoning ordinance of New York City was to prevent tall buildings from obstructing too much light and air. The 1916 zoning ordinance sought to control building size by regulating height and setback requirements for towers. In 1961, a revision to the zoning ordinance introduced the concept of floor area ratio (FAR).
Most zoning systems have a procedure for granting variances [74] (exceptions to the zoning rules), usually because of some perceived hardship due to the particular nature of the property in question. If the variance is not warranted, then it may cause an allegation of spot zoning to arise. Most state zoning-enabling laws prohibit local zoning ...
The property's entrance on Comstock was 40.91 feet wide, barely above the minimum of a 40-foot right-of-way; they did approve a variance for that on a 3-0 vote. Members then voted 3-0 that they ...
Changing zoning laws to allow multi-unit properties could open up many cities’ housing supply and create more housing affordability, but in much of the country, progress is slow-going. While ...
As automobile ownership became common, setbacks increased further because zoning laws required developers to leave large spaces between the house and street. Recently, in some areas of the United States, setback requirements have been lowered so as to permit new homes and other structures to be closer to the street, one facet of the low impact ...
The comprehensive plan, sent to the City Council, will guide development for the next 10 years.
Generally, zoning is a constitutional exercise of a state's police power [4] to protect public health, safety, and welfare. Therefore, spot zoning (or any zoning enactment) would be unconstitutional to the extent that it contradicts or fails to advance a legitimate public purpose, such as promotion of community welfare or protection of other properties.