Land Use & Zoning
A West Virginia developer wants to build a shopping center on property currently zoned residential. The developer must apply for:
AA variance
BA rezoning or zoning amendment✓ Correct
CA nonconforming use permit
DA special use permit within residential zoning
Explanation
To change the permitted uses on a parcel from residential to commercial (shopping center), the developer must apply for a rezoning (amendment to the zoning map) from the local planning commission and governing body.
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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.
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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