Land Use & Zoning
In West Virginia, a 'use variance' allows a property owner to:
ABuild a structure taller than the zoning limit
BUse property for a purpose not otherwise allowed by right in the current zoning district✓ Correct
CReduce the required parking for their property
DExceed the density limit for residential development
Explanation
A use variance (as distinguished from an area or dimensional variance) allows a property to be used for a purpose not normally permitted in the current zoning district. Use variances are more strictly scrutinized than dimensional variances and require showing unique hardship.
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