Application of local zoning laws within a municipality may occasionally result in unintended or harsh consequents for properties within a particular zoning district. Variances and special use permits are devices that provide relief to a property owner to utilize the property in a manner or for a purpose not otherwise allowed by the applicable zoning law.
Special use permits are defined by statute as "the authorization of a particular land use which is permitted in the zoning local law subject to requirements imposed by such local law . . . . to assure that the proposed use is in harmony with the local law and will not adversely affect the neighborhood . . ." Town Law Section 274-b(1). Special use permits are typically granted by the local zoning board of appeals or planning board and allow community input on the proposed use as well as the imposition of conditions to support community objectives or to mitigate potential detrimental consequences of allowing the proposed use.
We have extensive experience advising local government boards and individuals seeking to affirm and/or repeal the granting and denial of variances and special use permits. We would welcome the opportunity to counsel you in this area.