Land Use & Zoning
A Massachusetts homeowner wants to build an addition that violates the side yard setback requirement. To proceed, they need a:
ASpecial permit
BVariance✓ Correct
CRezoning
DBuilding permit only
Explanation
A variance is needed when a property owner seeks relief from the dimensional standards of the zoning bylaw, such as setback requirements. The ZBA may grant a variance if hardship criteria are met.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial 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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
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