Rachel owns a beach house and wants to build a deck.Zoning restrictions limit decks to 120 square feet,but Rachel wants to build one that is 144 square feet.Which of the following should Rachel do next?
A) She can go ahead and build it as the law permits that once the deck is built it cannot be brought down.
B) She should ask for a nonconforming exemption.
C) She should ask for a variance.
D) She must shift to some other location, because once zoning ordinances are in place, they allow for no changes, variations, or exceptions.
E) She should lobby her local zoning board to force them to change the restriction as that is the only plausible recourse.

Question

Quizplus · Accepted Answer

In this scenario, Rachel should ask for a variance. An owner can ask a zoning board for a variance to allow use of land in a way not permitted under a zoning ordinance. The board is likely to grant a variance only when the owner can prove that the ordinance prevents a reasonable economic return on the land as zoned.

Rachel Owns a Beach House and Wants to Build a Deck.Zoning