Georgia Real Estate Salesperson Practice Exam

What distinguishes a variance from a nonconforming use?

1. A variance is temporary, while nonconforming use is permanent

2. A variance is granted by the zoning board if the owner has a justifiable reason

3. A variance allows for unrestricted use of property

4. A variance is automatically approved under state law

The correct answer is: A variance is granted by the zoning board if the owner has a justifiable reason

A variance is an official exception to the zoning laws and regulations usually granted by a zoning board or similar authority when a property owner can demonstrate a legitimate reason for deviation from the established zoning requirements. This could include issues like unique property conditions that would create practical difficulties or undue hardship if the owner were required to adhere strictly to the zoning laws. By contrast, nonconforming use refers to a property that legally existed before the current zoning laws were enacted and continues to operate despite not conforming to the current zoning rules. In this context, the distinction lies in the procedural and situational aspects of zoning regulation. A variance reflects an active request for permission to deviate from zoning regulations based on specific, justifiable needs, while nonconforming use tends to be a status granted by virtue of the property's historical use before those regulations were in place. The variance process involves a review and approval by zoning authorities, making it not just an automatic recognition of existing conditions but rather a considered exception granted based on merits presented by the property owner.