Land Use & Zoning
What is 'setback variance' in Hawaii zoning and how does it differ from a use variance?
AA. A setback variance and use variance are the same thing in Hawaii
BB. A setback variance grants relief from distance requirements (how far structures must be from property lines) without changing permitted uses; a use variance allows a use not otherwise permitted in a zone✓ Correct
CC. A setback variance is for commercial properties; use variance for residential
DD. Use variances are prohibited in Hawaii; only setback variances are available
Explanation
A setback variance (area variance) grants relief from specific physical requirements like setback distances, lot coverage, or height limits, without changing what uses are permitted. A use variance allows a use that the zone otherwise doesn't permit. Use variances are more difficult to obtain and are prohibited or rarely granted in some jurisdictions. Hawaii courts carefully review variances to prevent abuse.
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