Also known as: special exception
Written by attorneys · grounded in primary & secondary sources — see below
A zoning device that permits specified uses within a district only when the applicant satisfies enumerated criteria established by ordinance. The board of adjustment or equivalent body reviews each request to ensure compatibility with surrounding uses and the comprehensive plan. Procedures and standards derive from state statute and local ordinance.
Royal Culinary operates a ground-floor restaurant in a mixed-use district and seeks to open a rooftop bar. It submits plans with soundproofing, an 11 p.m. closing time, and a 75-person cap that match the ordinance limits, plus acoustic reports showing noise will stay below the decibel threshold. The review board evaluates whether every listed criterion is met before granting the special exception.
EcoResearch Nonprofit applies to place a research center and eco-lodge on a lakeshore parcel. The city grants the special exception after confirming that odor- and dust-control measures for the on-site soil-treatment facility satisfy the performance standards in the ordinance.
A landowner seeks permission to build a storage facility in a flood-plain district. The board grants the special exception only after finding that the land is not subject to flooding and that the use will not interfere with district purposes under the ordinance standards.
Select any source to read its text and confirm it supports the definition.
A developer proposes an apartment complex in a single-family zone under a special-exception provision. The board reviews whether the project meets density, buffering, and traffic-impact criteria before deciding whether to approve the use.
A homeowner requests a special exception to build a garage taller than the ordinance allows in a residential district. The board approves after verifying that the structure satisfies setback, screening, and design standards listed in the zoning code.
A property owner seeks a special exception to construct a small research station on a coastal parcel. The board grants approval only after confirming that the proposed use meets all ordinance criteria for habitat protection and stormwater management.
A special exception allows a use that the ordinance already contemplates but subjects it to case-by-case review to confirm compliance with listed criteria. A variance grants relief from a literal restriction when strict enforcement would cause unnecessary hardship. The board may grant a special exception only when every enumerated standard is satisfied.
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The board of adjustment or board of zoning appeals is the agency empowered to hear and decide requests for special exceptions. The board must apply the standards contained in the zoning ordinance and may impose reasonable conditions to ensure compatibility.
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The applicant must demonstrate that the proposed use satisfies every criterion listed in the ordinance for that special exception. The board may not grant the exception unless it finds full compliance with all enumerated standards after notice and hearing.
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Yes. The ordinance lists the use as potentially appropriate, but the board must still find that the specific proposal meets every required standard. Evidence of unreasonable adverse impacts on adjacent properties or failure to satisfy a single criterion supports denial.
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…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…