Use Variance
A use variance is authorization to use land for a purpose otherwise not allowed or prohibited by zoning regulations. Under Town Law §267-b, a use variance requires a showing of "unnecessary hardship" satisfying specific criteria, including inability to realize a reasonable return demonstrated by competent financial evidence, uniqueness of hardship, neighborhood character, and that hardship is not self-created.
- Where it applies
- New York State
- When it comes up
- Entitlement; zoning relief via ZBA
- Property types
- All
In practice
Use-variance underwriting is evidence-heavy (especially return analysis) and often demands robust land-use counsel and appraisal/economic support.
Read more in the Knowledge Base
Related terms
Zoning and Land Use
- Air Rights
- Area Variance
- As-of-right Development
- Authorization
- Base Height
- Base Plane
- Board of Standards and Appeals (BSA)
- Building Envelope
- Bulk
- Certification
General information, not legal, tax or financial advice.