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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.
The terms can also refer to limits imposed on such a ratio through zoning. FAR includes all floor areas but is indifferent to their spatial distribution on the lot whereas the building coverage ratio (or lot coverage) measures building footprint on the lot but is indifferent to building height.
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.
Jaime Uziel knows that as a real estate attorney his clients depend on him to interpret the legalese that's part of any real estate transaction. He's happy to do that, he says, but he also tries ...
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 ...
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 ...
If the local zoning authority grants a special-use permit that exceeds the discretion allowed to it, then an incidence of spot zoning may arise. Such discretion then may be attacked as ultra vires, and the special-use permit overturned as an unconstitutional violation of equal protection.
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 ...