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What is a special exception in land use?

On Behalf of | Apr 17, 2025 | Land Development & Zoning

When you deal with land use in New Hampshire, understanding special exceptions helps you navigate zoning regulations. Zoning boards can grant special exceptions for certain land uses that zoning laws typically prohibit.

What does a special exception allow?

A special exception allows property owners to use their land in ways zoning laws usually don’t permit. Zoning boards decide on each request individually, considering if the proposed use fits the goals of the zoning ordinance without negatively affecting the community.

For example, if you want to open a small business in a residential area, you may apply for a special exception. The zoning board will assess the potential impact on surrounding properties, traffic, and the overall character of the neighborhood. If the board decides the use won’t disrupt the area, it may approve the exception.

How do you apply for a special exception?

To apply, submit an application to your local zoning board. This usually includes a description of the proposed use and any supporting documentation. The board might require public notice or a hearing for community feedback.

After reviewing the application, the board will make a decision. The decision depends on whether the request meets the criteria in the zoning ordinance.

When might a special exception be denied?

The board may deny a special exception if the proposed use contradicts the zoning ordinance or negatively impacts public health, safety, or welfare. They may also deny the request if it creates an undue burden on the area, such as increased traffic or noise.

How a special exception impacts property owners

A special exception offers property owners more flexibility, allowing them to use their land in ways typically prohibited. However, the exception may come with conditions, such as limits on operating hours, signage, or noise. These conditions protect the surrounding community.

Special exceptions play an important role in land use planning in New Hampshire. They offer opportunities for property owners while maintaining the community’s integrity. Understanding how special exceptions work helps you navigate zoning laws more easily.