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Created with Fabric.js 1.4.5 Zoning | Basics (cont'd) How can zoning regulate an individual parcel? - Type of use (agriculture, residential, commericial)- Dimensions of any structure- Type of structure- Setbacks of all structures- Types of accessory structures are allowed (garage, shed)- Minimum/maximum lot size- Minimum/Maximum Density Important Zoning Terms A use which is lawfully established in a particular district. Any use designated a "Permitted Use" within a district is allowed to occur at ANY point in time. A property owner cannot be denied approval for a permitted use providedthey have followed all rules and requirements associatedwith the zoning district. Permitted Use A use which the ordinance expressly permits ONLY when certain conditions have been met. Conditional uses are flexible devices designed to cope with situationswhere a particular use may usually be appropriate in a certain area, but can create special problems if allowed to locate in a particular district by right. A use of land and/or buildings that is impermissible under current zoning regulations but is allowed because the use of the land and/orbuildings was lawful prior to the adoption or amendment of the zoning ordinance. Non-conforming uses are considered "grandfathered in" and can stay that way as long as they do not threaten the health, safety, or welfare of their neighbors. Variance Conditional Use Non-Conforming Use A variance is a request to deviate from a zoning ordinance. If granted, it permits the owner to use his land in a way that is ordinarily not permitted by the zoning ordinance. It is not a change in the zoning law, but a waiver from the requirements of the zoning ordinance. Variances are often requested by property owners whomay feel that some aspect of their property creates a hardship for them and an opportunity for an exception to the rule. An example: an individual owns an odd-shaped lot and they request a slightly reduced setback requirement to fit abuilding.
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