A client recently called to inquire about the difference between a special exception and a variance in zoning law.
A special exception is a permitted use under the zoning ordinance so long as the conditions for its availability stated in the ordinance are met and the proposed use does not seriously infringe the health, safety and welfare of the community.
A variance is a form of relief from the zoning ordinance to permit the use of land in a way that is not otherwise permitted under the ordinance; variances are granted where the terms of the zoning ordinance, if literally applied, would work an unnecessary hardship on the landowner, rendering the property virtually useless. Absent serious hardship, a variance will not be granted.
Because they are permitted uses to begin with, special exceptions are usually much easier to obtain than variances; variances are more difficult because they are significant deviations from the terms of the zoning ordinance requiring a strong showing of hardship.
— Kevin Palmer