Because of an unusually shallow lot, an owner cannot build a house that meets the required rear setback. To build anyway, the owner should apply for a:
- Variance
- Rezoning of the area
- Nonconforming use
- Building code waiver
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A. Variance
A variance permits a deviation from the zoning rules when strict application would cause a hardship arising from the property itself. It does not change the zoning of the district, and a nonconforming use is one that already existed before the rule.
Reference: Zoning variances
A corner grocery has operated for 30 years. The area is rezoned to residential use only, and the grocery is allowed to keep operating. The grocery is a:
- Use permitted by variance
- Conditional use
- Legal nonconforming use
- Spot-zoned parcel
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C. Legal nonconforming use
A use that lawfully existed before a zoning change may continue as a legal nonconforming ("grandfathered") use. A variance is granted on application for a hardship, and a conditional use is one the ordinance itself allows subject to approval.
Reference: Legal nonconforming use
A zoning ordinance allows a day-care centre in a residential district only if the planning board approves it subject to stated conditions. That approval is a:
- Legal nonconforming use
- Conditional (special) use permit
- Certificate of occupancy
- Hardship variance
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B. Conditional (special) use permit
A conditional or special use permit covers a use the ordinance itself lists as acceptable in the district if conditions are met. A variance, by contrast, allows something the ordinance otherwise prohibits because of a hardship.
Reference: Conditional (special) use permits