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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.
Generally, however, district creation begins with a municipal zoning commission or historic preservation committee. Usual notices of public meetings are given and the acceptance of comments from affected citizens are generally heard, but in the end, the municipal governing body has the final say as to the creation of a historic overlay district.
Most zoning systems have a procedure for granting variances [75] (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 ...
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 ...
"The concept of Zoning": Zoning is the process by which areas of land are split into zones by appropriate establishments within which several users are assigned to each zone. Therefore, this makes zoning very important modus operandi in land use planning where it is used to design urban areas in many countries (Lewis-Roger, 1987).
Here are 15 real estate terms you need to know. Real Estate Agent. Professional who represents the seller (listing agent) or buyer (buyer’s agent) in a real estate transaction. Agents are ...
A planning and zoning commission is a local elected or appointed government board charged with recommending to the local town or city council the boundaries of the various original zoning districts and appropriate regulations to be enforced therein and any proposed amendments thereto. In addition, the Planning and Zoning Commission collects ...