What is a special exception in zoning?
A special exception is a conditioned, permitted use in a particular zone district; that is, the use is permitted provided certain specific criteria are met to ensure that certain negative impacts will not occur. A Special Exception may be granted for a particular use of land or for a particular building.
What is a special use exemption?
Special exceptions are used by local governments when a particular use of the land is potentially problematic, but can be allowed if subjected to heightened development standards. These are also frequently referred to as special use permits or conditional use permits.
What is special exception in real estate?
A “special exception” means a special use that is not permitted in the current zoning district and requires approval by the governing body of the jurisdiction where the property is located.
What is a special exception?
A Special Exception is an activity that is allowed by the Ordinance if certain conditions are met and the ZBA approves. A Variance is a situation that is not listed in the Ordinance or perhaps prohibited by the Ordinance that requires ZBA approval.
What is the purpose of a special exception?
A special exception seeks permission to do something that the zoning ordinance permits only under certain special circumstances, e.g., a retail store over 5000 square feet is permitted in the zone so long as certain parking, drainage and design criteria are met.
What is the conditional use permit?
A conditional use permit is a zoning exception that allows you to use your property in non-conforming ways. It can be an alternative to applying for rezoning, and it can allow you to use your property in a unique way where rezoning is not possible.
What is a conditional use approval?
Conditional Use Permits, or CUPs for short, are permits that require discretionary approval from the city. These types of permits consent to a use not allowed by-right in a particular zone. Just like the name implies, the permit application is approved under a set of conditions.
What is a Special Use Permit in real estate?
Special Use Permits are designed to give flexibility to the community and property owners to allow for other compatible uses within a particular zoning district. The property must be zoned for the proposed use and identified in the zoning ordinance.
What is the difference between a special exception and a variance?
What is the difference between a variance and a special permit?
In contrast, an applicant for a special use permit does not have to show hardship. Instead, the focus is on simply showing that the proposed use meets the conditions already contained in the ordinance, whereas a variance is, in essence, permission to “break the law.”
What does conditionally permitted mean?
WHAT IS A CONDITIONAL USE PERMIT? ACONDITIONAL USE PERMIT (CUP) allows a city or county to consider special uses which may be essential or. desirable to a particular community, but which are not allowed as a matter of right within a zoning district, through a public hearing process.
How is a conditional use different from a special exception?
A special exception application is decided by the municipality’s zoning hearing board after one or more hearings. Conditional Use: A conditional use is essentially the same type of relief as a special exception, in that the use is permitted subject to certain criteria and conditions.
What does special exception mean in zoning law?
Instead, a use “by special exception” is a use which is permitted subject to the applicant establishing that the use will comply with certain objective criteria set out in the zoning ordinance for that particular use. A special exception application is decided by the municipality’s zoning hearing board after one or more hearings.
Which is more difficult zoning variance or special exception?
A: It is difficult to approximate the chances of success for general categories of zoning relief, because the outcome usually depends on the degree of the relief sought and the specific property, use, and/or improvements at issue. In very general terms, a use variance is more difficult to obtain than a special exception or conditional use.
Which is an example of a special use permit?
These are also frequently referred to as special use permits or conditional use permits. Common examples of special exceptions are adding religious buildings or schools to local neighborhoods where residential property is the primary use.