As of right, or by permission
Some projects fit within the existing zoning and can go forward with ordinary permits, which is what practitioners call as of right. Others need a discretionary approval, such as a variance from a board when the rules fit a particular lot poorly, or a special permit for a use the rules allow only with review. Larger changes, like rezoning an area, go through a legislative process. In New York City, permits come from the Department of Buildings, many variances and special permits from the Board of Standards and Appeals, and rezonings through a public review process involving the City Planning Commission and the City Council. Outside the city, towns and villages generally use a planning board and a zoning board of appeals, and their procedures differ from place to place.
Uses that predate the rules
A use or building that was lawful before the current zoning took effect may be allowed to continue as a nonconforming use, but these rights are fragile. Expanding the use, changing it, or letting it lapse for a period can put the right at risk, and local rules on each point vary. Proof matters: old certificates of occupancy, tax records, leases, photographs, and utility records can help show that a use has existed continuously. Buyers often rely on a seller's assurance that a use is grandfathered when the documents do not support it.
Challenging or defending a decision
When a board or agency decides against you, or approves a neighbor's project you oppose, the usual route is a special proceeding in State Supreme Court, often called an Article 78 proceeding, and the time to bring it is short. Courts tend to defer to local boards when the decision has a rational basis in the record, so what was submitted at the hearing matters a great deal. For a new matter we identify which approvals the project needs or which decision is being challenged, what the record shows, and how quickly any deadline is approaching.
