Drawing The Line: Legal Differences Between Variances And Special Exceptions

In an ideal scenario for any property owner or developer looking to build on Long Island, all aspects of a new development project will comply with the applicable provisions of a municipality's zoning ordinance. The reality for many, however, is that there is usually some element of the project that is either not permitted or triggers the need for additional scrutiny. In some cases, the project may require a variance or a special exception. Understanding the differences between these two forms of zoning relief is vital for navigating any municipality's zoning approval process.

Variances

In zoning, a variance is special permission granted by a board of appeals that allow property owners to deviate from specific requirements under the zoning regulations. This enables owners to use their property in ways that would otherwise be prohibited.