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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.
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 ...
Land use is governed by a set of regulations generally known as ordinances or municipal codes, which are authorized by the state's zoning enabling law. Within an ordinance is a list of land use designations commonly known as zoning. Each different type of zone has its own set of allowed uses. These are known as by-right uses.
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 ...
Aug. 16—Plans are in the works to build commercial suites and 72 residential units on 25 acres off the Route 28 Bypass in Hooksett. Well-known real estate developer David Scarpetti has owned the ...
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.
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