Land Use & Zoning

A West Virginia landowner wants to construct a new building but the proposed building's height exceeds the maximum height allowed by zoning. To build at the desired height, they must obtain:

AA special use permit
BA height variance from the Board of Zoning Appeals✓ Correct
COnly a building permit from the county
DApproval from the WV Division of Highways

Explanation

To deviate from the maximum height requirement (a dimensional standard), the property owner must obtain a dimensional variance from the Board of Zoning Appeals by demonstrating unique hardship and that the variance won't harm neighboring properties.

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