Which type of zoning variance allows for a use that does not comply with existing zoning laws?

A use variance is specifically designed to provide permission for a property to be utilized in a way that does not conform to the existing zoning regulations. This type of variance is typically sought when a property owner wishes to use their land in a manner that the current zoning does not allow.

For instance, if a piece of property is zoned for residential use, but the owner wants to establish a small business on that land, they would require a use variance. The granting of this type of variance involves a review process where the applicant must demonstrate that the proposed use won't negatively impact the surrounding area and that there are particular challenges or circumstances unique to the property.

In contrast, the other terms refer to different zoning allowances. Conditional use permits typically allow for certain uses that are not normally permitted in that zoning category but may be allowed under specific conditions or circumstances. Special use is often used interchangeably with conditional use and usually requires compliance with additional criteria. Nonconforming uses refer to existing uses that were once compliant with old zoning laws but became noncompliant due to changes in regulations. Understanding these distinctions is crucial for navigating real estate regulations effectively.