Land Use & Zoning
In West Virginia, a property owner's request for a special use permit differs from a variance in that a special use permit:
AIs granted for hardship to allow a prohibited use
BIs for uses explicitly contemplated in the zoning ordinance but requiring additional review✓ Correct
CPermanently changes the zoning classification
DIs issued by the state rather than the local government
Explanation
A special use permit (conditional use permit) allows uses that the zoning ordinance specifically lists as allowable with additional conditions. A variance, in contrast, allows a departure from zoning requirements due to hardship. Special use permits do not change zoning.
Related West Virginia Land Use & Zoning Questions
- In West Virginia, deed restrictions (restrictive covenants) are different from zoning in that:
- In West Virginia, 'spot zoning' may be challenged in court because it:
- In West Virginia, the legal authority for local governments to enact zoning ordinances derives from:
- A special exception (special use permit) differs from a variance in that a special exception:
- In West Virginia, a property owner challenging a zoning ordinance as an unconstitutional taking must demonstrate:
- Which of the following is an example of a private land use control (as opposed to a public one) in West Virginia?
- A West Virginia property owner who disagrees with a local zoning board's decision may appeal to:
- A West Virginia Transfer of Development Rights (TDR) program works by:
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