Land Use & Zoning
In South Dakota, a 'variance' from a zoning ordinance is typically granted when:
AThe property owner simply prefers a different use
BStrict application of the ordinance would cause undue hardship due to unique property conditions not shared by neighboring properties✓ Correct
CA majority of neighbors support the variance
DThe variance would increase property tax revenues
Explanation
A variance is an exception to the literal requirements of a zoning ordinance granted when strict compliance would cause undue hardship due to special conditions unique to the property (such as lot shape or topography), not shared generally by other properties in the zone.
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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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