Land Use & Zoning
An 'area variance' in West Virginia allows a property owner to:
AChange the permitted use of their property
BDeviate from dimensional requirements (setbacks, lot size, height) due to unique hardship✓ Correct
CBuild in a floodplain without restrictions
DOverride a neighboring property's deed restriction
Explanation
An area (dimensional) variance allows a property owner to deviate from specific dimensional or physical requirements of a zoning ordinance, such as setback, height, or lot coverage requirements, when strict compliance would cause undue hardship due to unique property characteristics.
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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.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
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