Land Use & Zoning
In West Virginia, a conditional use permit differs from a variance in that:
AA variance is permanent while a conditional use permit expires annually
BA conditional use permit allows a use already listed in the ordinance as conditionally permissible upon meeting certain standards; a variance waives dimensional or use requirements✓ Correct
CA conditional use permit is granted only in commercial zones
DA variance requires a county referendum
Explanation
A conditional (special) use permit authorizes a use the zoning ordinance already identifies as potentially compatible in the zone, subject to conditions. A variance is an exception to specific zoning standards such as setback or height requirements.
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