Which of the following provides approval for a use of land that is not normally allowed?

Prepare for the New York Real Estate Salesperson Test with interactive multiple choice questions and detailed explanations on each topic. Study effectively and pass your exam with confidence!

The correct choice is the use variance, which is a specific type of zoning relief. A use variance is granted when a property owner seeks permission to use the land in a manner that diverges from the established zoning regulations. This allows for uses that are not typically permitted under the local zoning laws, addressing unique circumstances or hardships the property owner may face.

To obtain a use variance, the applicant must demonstrate that the proposed use of the property will not negatively affect the public interest and meets certain criteria set by the local governing body. This often includes proving that the land cannot yield a reasonable return if used only for the purpose allowed by the zoning ordinance.

The other options involve different types of zoning or land-use approvals. For instance, a special permit typically allows for certain conditional uses that are consistent with the zoning category but require additional review or standards to be met. An area variance addresses dimensional issues, like setbacks or building height, rather than a change in the use of the property. Conditional approval may refer more broadly to terms set for permissions based on specific conditions being met but doesn’t specifically pertain to the allowance of non-permitted uses like a use variance does.

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