Land Use & Zoning
A Massachusetts property owner who wants to build a fence that technically violates the setback requirements must apply for a:
ASpecial permit
BVariance✓ Correct
CComprehensive permit
DSite plan review
Explanation
A variance is required when a property owner seeks relief from strict application of a zoning requirement (such as setback requirements) due to hardship. In Massachusetts, variances are granted by the Zoning Board of Appeals under Chapter 40A.
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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.
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