For example, a zoning commission may deny an application to expand an existing greenhouse into a newly established 50 feet side lot setback, but will allow a new greenhouse to be built to the rear if adequate land is available. Improvements to or replacement of an existing structure will generally be allowed. The right to continue a non-conforming use is not a personal right but is attached to the land. The use can be given or sold to others and will have the right to continue. To allow some flexibility to the rigid restrictions of a zoning ordinance while at the same time having control over uses that may not be desirable, special exceptions or permits may be used.
Special exceptions have to be identified by use in the regulations.
They may be allowed in specific zones or in all zones. The conditions under which they will be allowed may be general or specific, but the discretion is usually given to the governing body. A variance is a different type of relief to strict regulations. As opposed to a special exception, a variance once given remains with the property. Variances are judged on their own merits.