JOURNAL ARTICLE

Variances and Special Exceptions.

  • Published In: Probate & Property, 2026, v. 40, n. 2. P. 60 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Mandelker, Daniel R. 3 of 3

Abstract

This article focuses on the role and regulation of variances and special exceptions in local land use zoning, as authorized by the Standard State Zoning Enabling Act of 1926. The Act permits local governments to create zoning districts with permitted uses and establishes Zoning Boards of Adjustment to grant variances—relief from zoning rules due to unnecessary hardship—and special exceptions, which are uses subject to additional administrative review based on specific criteria. Courts distinguish between use variances, which change permitted land uses, and dimensional variances, which modify development standards, applying different legal standards to each. Special exceptions require compatibility with surrounding uses and community character, though vague standards have prompted calls for reform to ensure clearer, objective criteria. The article also highlights procedural shortcomings in variance and special exception approvals and references model legislation aimed at improving administrative processes. [Extracted from the article]

Additional Information

  • Source:Probate & Property. 2026/03, Vol. 40, Issue 2, p60
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2026
  • ISSN:0164-0372
  • Accession Number:192606009
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