Posted by: Patricia Salkin | March 20, 2015

NY Appellate Court Holds a Special Exception Gives Permission to Use Property in a Way that is Consistent with the Zoning Ordinance

A special exception gives permission to use property in a way that is consistent with the zoning ordinance, although not necessarily allowed as of right. An applicant for a special exception permit needs to know how that it has complied with every legislatively imposed condition on the permitted use. However, if the applicant fails to comply with any of the conditions set forth in the ordinance, the zoning authority may deny the application. Because the petitioners did not dispute that the property they wished to use for a three-family residence did not meet the applicable lot-size requirements, the court upheld the lower court’s decision to dismiss that the branch of the petition to review the determination of the Board of Appeals.

Nathan v Board of Appeals of Town of Hempstead, 2015 WL 669463 (NYAD 2 Dept. 2/18/2015)

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