Question 75

The owner must obtain a variance or special exception.

To use his single-family residence as a day-care center for up to ten children, the property owner must obtain a variance or special exception, as local zoning regulations restrict the property to single-family residential use.

A) Obtain a building permit.

While a building permit may be necessary for construction or alterations, it does not address the zoning issue. The core requirement here is related to zoning regulations, not merely building codes.

B) Obtain a modification to the local master plan.

Modifying the local master plan is a broader process that pertains to changes in zoning laws or land use designations. This option would not specifically address the immediate need for a variance or special exception to operate a day-care center.

C) Obtain a variance or special exception.

This option is correct as it directly relates to the need for permission to deviate from existing zoning restrictions. A variance or special exception would allow the property owner to legally use the residence for purposes not typically permitted under the single-family zoning designation.

D) File an appeal with the local court.

Filing an appeal with the local court is not the appropriate action in this situation. An appeal typically pertains to contesting a decision made by a zoning board rather than seeking permission to change the use of a property in accordance with zoning laws.

Conclusion

The necessity for a variance or special exception is essential for the property owner to comply with zoning laws while pursuing the operation of a day-care center. This option provides the legal means to utilize the property in a manner that differs from its designated use, whereas the other options do not fulfill the specific zoning requirements. Therefore, obtaining a variance or special exception is the definitive solution in this scenario.