Land records · Parcel maps · October 6, 2026
What Is a Special Exception in Zoning?
What is a special exception in zoning? A use the code allows in a district if set standards are met, approved by a zoning board after a public hearing.
What is a special exception in zoning? A special exception is a use that the zoning ordinance lists as allowed in a district, but only after a board reviews it and finds that specific standards are met. Examples include a church, school, day care, or bed and breakfast in a residential district. The ordinance has already decided the use can fit in the district; the board’s job is to decide whether it fits at the particular location and to attach conditions. In many places, special exceptions are heard by the board of zoning appeals. This page is general land-records background, not legal advice.
Special exception vs permitted use
| Category | Approval |
|---|---|
| Permitted use | Allowed by right with a permit |
| Special exception | Allowed after board review and hearing |
| Prohibited use | Not allowed without rezoning |
Special exception vs conditional use permit
The terms overlap. Some states and cities use “special exception,” others “conditional use permit” or “special use permit,” for similar concepts. Differences often lie in who decides: special exceptions are frequently decided by the board of zoning appeals, while conditional use permits may go to the planning commission or governing body. Check your local code. See what is a conditional use permit.
Special exception vs variance
A special exception allows a listed use if standards are met. A variance grants relief from a rule, such as a setback, due to hardship. They have different standards. See what is a zoning variance.
Typical standards
- Compatible with surrounding uses.
- Adequate parking, access, and utilities.
- No undue traffic, noise, or nuisance.
- Consistent with the comprehensive plan.
- Meets specific conditions for the use listed in the code.
Because the use is listed, applicants who meet the standards often have a strong case for approval.
The process
- Application with site plan.
- Public notice to neighbors.
- Staff report.
- Public hearing before the board.
- Decision, often with conditions.
See what is a board of zoning appeals.
Conditions
Boards may limit hours, require landscaping, restrict signs, or cap size. Conditions often run with the land.
Finding past approvals
Zoning offices keep records of special exceptions granted. Check for conditions when buying property with an existing special use.
Preparing an application
Read the specific standards in the code for the use you want, then address each one directly in your application. Provide a site plan showing parking, access, landscaping, and lighting, and explain hours of operation and expected traffic. Meeting with neighbors before the hearing often reduces opposition. Many boards look for evidence, such as a traffic letter or parking count, rather than general assurances. If staff recommends conditions, consider whether you can accept them, since agreeing in advance can smooth approval.
Expiration
Some approvals expire if the use doesn’t begin within a set time or stops for a long period. Ask whether an extension is possible before the deadline passes.
Bottom line
A special exception is a use the zoning code allows in a district only after board review shows it meets set standards. It differs from a variance, and overlaps with conditional use permits depending on local terms. Approval follows a public hearing and often includes conditions. Find county zoning offices via the Platbookmapper map.
What is a special exception in zoning FAQ
Is a special exception the same as a variance?
No, a variance grants relief from rules; a special exception allows a listed use.
Is a special exception the same as a conditional use permit?
Similar; terminology and decision bodies vary by place.
Who decides special exceptions?
Often the board of zoning appeals.
Can neighbors oppose a special exception?
Yes, at the public hearing.
Do special exceptions transfer to new owners?
Often they run with the land; check local rules.