Direct answer
What does use variance mean?
A use variance is permission to use land in a way the zoning law does not permit in that district.
Exam cue: New York requires proof of unnecessary hardship for each permitted use under the applicable statutes.
What does it look like in a question?
Example
An owner seeks a commercial use in a district limited to residential uses.
Common exam trap
What should you not confuse it with?
The use variance test is more demanding than the balancing test for an area variance.
Related land use terms
Area varianceAn area variance is permission to deviate from a dimensional or physical zoning requirement.Building codeA building code is a set of government standards for construction, alteration, occupancy and building safety.Certificate of occupancyA certificate of occupancy (CO) is an official document confirming that a building or space may be occupied for the approved use under applicable code and local requirements.Eminent domainEminent domain is the government's power to take private property for public use with just compensation as required by law.Nonconforming useA nonconforming use is a land use that lawfully existed before a zoning change but does not comply with the new zoning rule.Police powerPolice power is the government's authority to regulate for public health, safety, morals and general welfare.
Sources used3 references with section locators
The curriculum citation confirms exam scope. Definition and rule citations support the explanation itself.
- Real Estate Salesperson 77-Hour CurriculumNew York State Department of StateSupports: Exam scopeSection: Subject 6, Land Use Regulations
- Local Government Online Training GlossaryNew York State Department of StateSupports: DefinitionSection: Land use, zoning and board procedure definitions
- Town Law sections 267 and 267-bNew York State SenateSupports: New York ruleSection: Town Law section 267-b(2)
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A definition helps with recall. The subject guide shows how the rule interacts with documents, scenarios, calculations and practice questions.