Land use and encumbrances
Variance
Permission to depart from a zoning requirement because of hardship
Granted in advance by a board of adjustment where strict application of the ordinance would impose an unnecessary hardship peculiar to the parcel — an unusually shaped lot that cannot meet a setback, for instance.
How the exam asks about it
The hardship must be about the land, not the owner’s finances or preferences. A variance is permission going forward; it is not the same as being grandfathered.
Related terms
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