Also known as: special exceptions
Written by attorneys · grounded in primary & secondary sources — see below
An administrative approval granted under a zoning ordinance for a land use that the ordinance expressly permits in the district only if the applicant satisfies specified criteria ensuring compatibility with surrounding properties. The approval process allows case-by-case evaluation of sensitive uses such as gas stations, hospitals, or schools that may pose traffic or environmental risks. Procedures and standards for granting the approval are established by state statute and local ordinance.
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Sarah Sullivan owns a mixed-use building and applies to the city board for permission to operate a rooftop bar above her ground-floor restaurant. The zoning ordinance lists rooftop entertainment as permitted only upon a showing that noise will not disturb upper-floor residents and that occupancy stays within set limits. The board reviews her soundproofing plans and engineer reports before deciding whether the criteria are satisfied.
Scott Summers owns coastal lots designated as wetlands under state regulations. He seeks permission to fill a portion of the land for a beach club. The regulations allow such development only if the activity meets the coastal agency's environmental protection goals. The agency evaluates whether Summers's proposal satisfies those criteria before granting or denying approval.
Simon Stern's congregation applies to locate a parking lot next to its sanctuary in a residential zone. The ordinance permits such lots only after the board confirms that traffic and lighting will not harm neighboring homes. The board reviews the site plan and imposes conditions to meet the compatibility standards.
Sylvia Santos seeks approval to expand a hospital into an adjacent residential parcel. The zoning code allows hospitals in that district only upon proof that the expansion will not create excessive noise or traffic. The board examines traffic studies and imposes buffering requirements before deciding.
Seth Shapiro applies to build a gas station on land zoned for commercial use. The ordinance requires the board to find that the station will not endanger nearby residences or schools. The board holds a hearing and weighs safety measures before granting or denying the approval.
Sofia Stern proposes a private school in a single-family district. The zoning ordinance lists schools as allowed only if the board determines that enrollment and traffic will not overburden the neighborhood. The board reviews enrollment projections and access plans to decide whether the criteria are met.
A special exception allows a use that the zoning ordinance already lists as permitted in the district when specified criteria are satisfied. A variance instead grants relief from a restriction that would otherwise prohibit the use entirely. The special exception process therefore presumes compatibility once conditions are met, while a variance requires a showing of unnecessary hardship.
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The board of zoning adjustment or board of appeals, an administrative body, reviews applications and determines whether the applicant has satisfied the ordinance criteria. The board may impose reasonable conditions to mitigate impacts. Its decision is quasi-judicial and subject to judicial review for compliance with the ordinance standards.
…of petitioner’s property as coastal wetlands. Under the regulations, wetlands may not be filled or otherwise developed without a special exception from the CRMC. The regulations allow the CRMC to grant a special exception if the proposed activity is consistent with the CRMC’s goals of protecting the coastal environment. In 1983…
…Thus it directly competed for a share of the market for prepublication excerpts. The Senate Report states: "With certain special exceptions
…has expired at the time of the commencement of the suit in New Jersey. Id. at 141. The Heavner rule provides a limited and special exception to the general rule that the rule of the forum determines the applicable period of limitations. Raskulinecz v. Raskulinecz , 141 N.J. Super. 148, 153 (Law Div. 1976). In the present…
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The applicant must demonstrate that every listed criterion in the ordinance is satisfied. The board may deny the request if any standard remains unmet even after proposed conditions. Evidence such as engineering reports or traffic studies is typically required to meet this burden.
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Yes. The ordinance lists the use as potentially compatible only if the applicant proves that site-specific impacts will not undermine surrounding uses. The board retains discretion to deny the request when the evidence shows that criteria cannot be satisfied.
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