Which term refers to a permitted deviation from current zoning restrictions that allows an owner to use land for a purpose that’s otherwise prohibited, and requires the owner to prove the zoning creates an unnecessary hardship?
The land use module distinguishes among zoning relief mechanisms:
A use variance permits a land use otherwise prohibited in the zoning district and typically requires proof of unnecessary hardship unique to the property.
An area (dimensional) variance addresses dimensional departures (setbacks, height) and usually requires practical difficulty rather than hardship.
A special use permit (special exception) authorizes uses listed as conditionally allowed if specific criteria are met.
A moratorium is a temporary halt on development.Because the question describes permission to conduct a prohibited use upon showing unnecessary hardship, the correct term is use variance.
[References: Maryland 60-Hour Principles and Practices of Real Estate — Land Use Controls: zoning, variances (use vs. area), special exceptions/conditional uses, and standards of proof., ]
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