What is special exception in real estate?

A “special exception” means a special use that is not permitted in the current zoning district and requires approval by the governing body of the jurisdiction where the property is located.

What is a special exception?

Legal Definition of special exception

: a use of property that is allowed under a zoning ordinance under specified conditions : conditional use at use 2.

What is the purpose of a special exception?

A special exception seeks permission to do something that the zoning ordinance permits only under certain special circumstances, e.g., a retail store over 5000 square feet is permitted in the zone so long as certain parking, drainage and design criteria are met.

What is a conditional use hearing?

A conditional use permit allows a city or county to consider special uses for land that may be needed or desired by a particular community. It is normally granted through a public hearing.

What is the difference between a special exception and a variance?

A Special Exception is an activity that is allowed by the Ordinance if certain conditions are met and the ZBA approves. A Variance is a situation that is not listed in the Ordinance or perhaps prohibited by the Ordinance that requires ZBA approval.

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What is variance in real estate?

Essentially, a property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values. If granted, a variance acts as a waiver to some aspect of the zoning law or regulations.

What is the difference between permitted use and conditional use?

A permitted use is a use that is allowed as long as the landowner meets all of the other requirements of the particular zoning category. … With a conditional use, the landowner (or user of the property) applies for a permit, known as a conditional use permit.

What does variance requested mean?

A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance.

What is conforming use in real estate?

When land is employed in compliance with Zoning ordinances in a particular area. All real property that is privately owned is subject to certain restrictions or Land-Use Control. Land that is not used in conformity with such controls is said to be of nonconforming use.

What is a conditional use approval?

Conditional Use Permits, or CUPs for short, are permits that require discretionary approval from the city. These types of permits consent to a use not allowed by-right in a particular zone. Just like the name implies, the permit application is approved under a set of conditions.

What is a cup building?

A Conditional Use Permit (CUP) is required for certain land uses which may need special conditions to ensure compatibility with surrounding land uses. These uses are specified under “Uses Subject to Permits” in the zones or specified in a Community Standards District (CSD).

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What is the difference between a variance and a conditional use permit?

A variance can affect or change minimum set-back requirements, building height and floor area limits, as well as similar dimensional issues. … However, a variance cannot be used to alter the essential character of the zoning district in which the land is located.

What is an example of non conforming use in real estate?

This occurs because the owner had made improvements to the land prior to the current zoning laws being put into effect. An example of this is where the owner of a house had added another story to their residential home. Suppose that new city law is passed that limits all residential buildings to a certain height.

What is a non conforming use in real estate?

A nonconforming use is a use of property that was allowed under the zoning regulations at the time the use was established but which, because of subsequent changes in those regulations, is no longer a permitted use. … State law does not regulate nonconforming uses, structures, or lots.

Does a variance run with the land?

As a generally accepted legal principle, zoning variances run with the land. That means that they’re unaffected when you sell your house. However, some variances can be limited for 5 or 10 years, and when they expire, the new owner would have to obtain a new variance.