Land Use & Zoning
Under New York law, a 'special use permit' (also called a special exception) differs from a variance in that:
AA special use permit requires no public hearing; a variance does
BA special use permit allows a use that is recognized as potentially appropriate in the zone but requires individual review; a variance allows deviation from the zoning requirements✓ Correct
CA special use permit is issued by the DOS; a variance is issued by the ZBA
DA variance allows permanent changes; a special use permit is only temporary
Explanation
A special use permit (or special exception) allows a use that the zoning ordinance recognizes as potentially compatible with the zone, subject to conditions. A variance, by contrast, allows deviation from the zoning requirements (use or dimensional standards) where strict application would cause unnecessary hardship.
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