What is the difference between a variance and a special use permit?
Real Estate Exam: Land Use Controls, Zoning, Eminent Domain, Police Power
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A variance is permission to deviate from specific zoning requirements, such as building closer to the lot line than the setback allows or exceeding the maximum building height. The property owner must demonstrate that strict compliance would create an unnecessary hardship due to the unique characteristics of the property, not merely an inconvenience. A special use permit allows a use not normally permitted in the zone but appropriate under certain conditions, such as a church in a residential area. Both require public hearings and board approval.
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