What is a Special Exception? Zoning Definition

A special exception is a type of zoning approval that allows a particular land use in a district where it is not automatically permitted but is considered acceptable under certain conditions. Unlike a variance, which provides relief from dimensional or area standards, a special exception addresses whether a specific use is appropriate at a specific location based on criteria spelled out in the zoning code.

For example, a zoning ordinance might list a church, daycare center, or home occupation as a special exception use in a residential zone. The use is not banned outright, but the municipality wants to evaluate each case individually to ensure it will not negatively impact surrounding properties. The applicant must demonstrate compliance with standards such as adequate parking, traffic management, noise limits, and compatibility with neighboring uses.

The process for obtaining a special exception typically involves submitting an application to the zoning board or board of adjustment, which then holds a public hearing. Neighboring property owners are notified and given the opportunity to comment. The board evaluates the application against the specific criteria in the ordinance rather than exercising broad discretion. If all criteria are met, the board is generally expected to approve the request.

It is worth noting that terminology varies by jurisdiction. Some communities use "conditional use permit" and "special exception" interchangeably, while others draw a legal distinction between the two. In some states, a special exception is decided by the zoning board, while a conditional use permit is decided by the planning commission or legislative body. Always check your local ordinance to understand which term applies and which body has decision-making authority.