Rachel owns a beach home 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.
A) If she builds it, then she can't be asked to tear it down once it's completed.
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) Her only recourse is to lobby her local zoning board to force them to change the restriction.

Question

Quizplus · Accepted Answer

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 Home and Wants to Build a Deck