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Question 1
What is the primary purpose of a zoning ordinance?
Answer: A zoning ordinance divides a municipality into districts and regulates how land in each district may be used, controlling the type, size, and placement of structures.
Question 2
What government power authorizes municipalities to enact zoning laws?
Answer: Police power — the inherent authority of government to enact laws that protect the public health, safety, morals, and general welfare.
Question 3
What does a 'use variance' allow a property owner to do?
Answer: A use variance permits an owner to use land in a way that is not allowed under the current zoning classification, granted when strict application of the ordinance causes unnecessary hardship.
Question 4
What is an 'area variance' in zoning law?
Answer: An area variance (also called a dimensional variance) allows a property owner to deviate from bulk or dimensional requirements — such as setbacks, lot coverage, or height limits — while keeping the permitted use the same.
Question 5
What body in New York typically hears applications for zoning variances?
Answer: The Zoning Board of Appeals (ZBA) hears requests for variances, special use permits, and interpretations of the zoning ordinance.