Special Exception

Special Exceptions - To seek permission to do some property changes that the Zoning Ordinance permits under certain circumstances - check the Zoning Ordinance for conditions related to this type of request. The granting of a special exception does not alter the zoning ordinance but applies only to the particular project under consideration. An application for an additional similar use on the same parcel would have to be considered separately by the board and approved or denied based on the application and the conditions required.

The board of adjustment cannot legally approve a special exception for a prohibited use if the ordinance does not identify that use. Also, the board cannot legally approve a special exception if the stipulated conditions do not exist or cannot be met. On the other hand, if the special exception is listed in the ordinance and the conditions are met, the board cannot legally refuse to grant the special exception even though it may feel that the standards are not adequate to protect the neighborhood.

Three questions must be answered to decide whether or not a special exception can be legally granted:

  1. Is the use one that is ordinarily prohibited in the district?
  2. Is the use specifically allowed as a special exception under the terms of the ordinance?
  3. Are the conditions specified in the ordinance for granting the exception met in the particular case?

When a board is considering whether to grant a special exception, it may not vary or waive any of the requirements set forth within the zoning ordinance

A special exception is only valid if exercised within 2 years from being approved unless the local ordinance allows a greater time period or if such was included within the decision of the ZBA. Further, there is now a six-month window within which the special exception remains valid following the resolution of a planning application filed in reliance upon the special exception. See RSA 674:33, IV.

Some property changes are allowed by Special Exception only per Section 5.4A of the Zoning Ordinance.

To download a Special Exception Application and all supporting documents please visit the PERMITS & APPLICATIONS page.