Land Use & Zoning
In Virginia, a special exception (special use permit) differs from a variance in that:
AA variance is discretionary while a special exception is mandatory
BA special exception authorizes a use that is permitted under certain conditions in the zone; a variance provides relief from dimensional standards✓ Correct
CA variance requires legislative action while a special exception does not
DThey are identical in purpose and procedure
Explanation
A special use permit (special exception) allows a use that is conditionally permitted in a zone, subject to conditions. A variance provides relief from dimensional requirements (setbacks, height, etc.) due to hardship, not a different use.
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