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Simple English definitions for legal terms
Variance
Read a random definition: Dieu et mon droit
A quick definition of Variance:
Variance: An exception granted to a rule or law, usually on a case-by-case basis, for a good reason. It can also refer to a difference between two pieces of evidence that should be the same.
A more thorough explanation:
Definition: A variance is an exception granted to a zoning ordinance. It allows a property owner to use their land in a way that is normally not allowed by the zoning laws. The variance is granted on a case-by-case basis if the property owner can show a persuasive reason for the exception.
Example: A property owner wants to build a garage on their land, but the zoning laws require a certain distance between the garage and the property line. The property owner can apply for a variance to build the garage closer to the property line if they can show a persuasive reason, such as the shape of the lot or the location of existing structures.
Illustrative caselaw: In Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City, the Supreme Court ruled on a zoning case involving a variance. The court held that a property owner must exhaust all available state remedies before bringing a federal takings claim. This case illustrates the importance of following proper procedures when seeking a variance.
Related terms: Zoning, Real property, Land use