Land Use & Zoning

A Mississippi property owner petitions for a variance from a setback requirement to build an addition closer to the property line than zoning allows. To obtain the variance, the owner typically must show:

AOnly that neighbors do not object
BA hardship — that the property has unique characteristics not shared by other properties that prevent reasonable use under current standards✓ Correct
CThat the variance will increase property values
DThat their builder recommends the closer setback

Explanation

Variances are granted only upon showing of hardship — the property has unique physical characteristics (unusual shape, topography, existing structures) that prevent reasonable use under the strict application of the standard. The hardship must be the property's own, not the owner's financial circumstance or desire for a larger addition.

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