Land Use & Zoning
In New York City, a 'special permit' issued by the City Planning Commission differs from a variance in that:
AA special permit is approved by the Zoning Board of Appeals; a variance is approved by the City Planning Commission
BA special permit allows uses that are permitted in the zoning district but only under certain conditions determined through individual review; a variance allows deviations from dimensional or use requirements✓ Correct
CA special permit is permanent; a variance must be renewed annually
DA variance requires City Council approval; a special permit does not
Explanation
In the NYC Zoning Resolution, a special permit is granted by the City Planning Commission (or the Board of Standards and Appeals for some) for uses or features that are listed as requiring a special permit in the applicable zoning district. The use or feature is potentially appropriate in the district but requires individual review of specific criteria. A variance (granted by BSA) allows deviation from the required regulations where there is undue hardship.
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