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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

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