American Institute of Certified Planners (AICP) Practice Exam

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The concept that a hardship must be unique to the particular property and not to the owner or the general public is most likely to be included in the discussion of a?

  1. Special permit

  2. Re-zoning

  3. Variance

  4. Eminent domain proceeding

The correct answer is: Variance

The concept that a hardship must be unique to the particular property, distinguishing it from the owner's situation or broader public issues, is fundamental to the discussion of a variance. A variance is a specific type of zoning exception that allows a property owner to deviate from the established zoning regulations due to undue hardship. To be granted a variance, the applicant must demonstrate that the hardship is specific to their property rather than a result of personal circumstances or the desires of the general community. This ensures that variances are applied fairly and consistently, addressing issues that are directly related to the property's characteristics, such as its size, shape, or the surrounding environment. In contrast, a special permit generally allows for certain uses within zoning districts but does not focus specifically on unique hardships. Re-zoning involves changing the zoning classification of a property and typically impacts a broader area or community rather than addressing individual property hardships. Eminent domain proceedings involve the government taking private property for public use, which does not relate to variances or the need to demonstrate unique hardships tied to zoning laws.