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Real estate glossaryNational exam concept

Zoning variance

A zoning variance is official permission to depart from a specific zoning requirement when the applicant satisfies the ordinance's legal standard, commonly involving a property-specific hardship rather than personal convenience.

Exam area: Land Use Controls and Regulations

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What does “zoning variance” mean in real estate?

A zoning variance is official permission to depart from a specific zoning requirement when the applicant satisfies the ordinance's legal standard, commonly involving a property-specific hardship rather than personal convenience.

How is “zoning variance” different from the closest wrong answer?

A variance grants relief from a current rule. A nonconforming use was lawful before the rule changed.

What is the Georgia-specific rule?

Local Georgia ordinances and boards control procedure and standards. A variance ordinarily does not rewrite zoning for the whole district.

Worked exam example

Scenario

An unusually shaped lot cannot meet the standard side setback, so the owner seeks limited relief for that dimensional requirement.

What is the most common exam trap?

Trap correction

Wanting a more profitable project is not automatically the hardship required for a variance.

Original exam check

Apply the definition

An owner's wedge-shaped lot cannot fit a house within the 15-foot side setback. The owner asks the board for permission to build 10 feet from the line. What is the owner seeking?

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