Special Use Permits and Variances in Real Estate Development: Key Differences, Approval Process, Risk Mitigation

This CLE webinar will provide a comprehensive overview of how to obtain variances or special use permits in real estate project development. The panel will discuss key differences, when relief should be requested, and how to navigate the administrative process and any hearings that may be required. The panel will also provide best practices for minimizing the risk of future litigation.

In real estate development, not every project will be able to comply with the municipality's zoning ordinances. Therefore, relief in the form of a variance or special use permit (also a special exception or conditional use permit) may be required.

Generally, variances are based on the physical characteristics of the real property and a request to deviate from what is mandated. For example, an oddly shaped lot may not allow for the minimum setback required by ordinance and a variance would need to be requested to build on the lot. On the other hand, a special use permit allows the owner to use the real property in a manner that is different than what is mandated such as putting a commercial facility in a residential zone.

Real estate counsel should understand key differences between the two forms of relief, under what circumstances to request which type of relief, and the criteria to obtain the relief requested since each varies. They should also know how to navigate the administrative process, including public hearings, and how to appeal a denial.

Listen as our authoritative panel provides a comprehensive overview of how to obtain variances or special use permits in real estate project development. The panel will discuss key differences, advise on how to navigate the administrative process, and offer best practices for mitigating risk of future conflicts.