Land Use & Zoning
A Connecticut developer wants to build a subdivision in a town where the current zoning requires 1-acre minimum lots. The developer believes 1/2-acre lots are environmentally and economically superior. To build at 1/2-acre density, the developer must:
ASimply build at 1/2-acre density since it's smaller and thus easier to develop
BApply for a zone change or an area variance from the minimum lot size, demonstrating compliance with applicable standards✓ Correct
CObtain approval from the Connecticut Department of Energy and Environmental Protection
DBuild at 1/2-acre density and seek forgiveness later
Explanation
To build at a density greater than the zoning allows, the developer must either seek a zone change (amendment to the zoning regulations) or an area variance from the minimum lot size requirement. An area variance requires showing undue hardship.
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Key Terms to Know
Variance
Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
State-Specific Concepts
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