Thirty years ago, in 1992, the New York Legislature enacted legislation that included new Town Law §274-b, defining and governing approval of special use permits, a widely used zoning device previously unmentioned in New York statutes. See, also, General City Law §27-b; Village Law §7-725-b (identical special use permit authority).

Town Law §274-b defines a special use permit as an authorization of a particular land use “permitted in a zoning ordinance or local law,” subject to requirements imposed by the zoning ordinance or local law to assure that the proposed use “is in harmony” with the zoning ordinance or local law and “will not adversely affect the neighborhood if such requirements are met.”

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