special exception

special exception
An objection to the form in which a cause of action is stated.
Special exception to municipal zoning ordinance refers to special uses which are permissive in particular zone under ordinance and are neither nonconforming uses nor akin to a variance and refers to special use which is considered by local legislative body to be essential or desirable for welfare of community and its citizenry and which is entirely appropriate and not essentially incompatible with basic uses in zone involved, but not at every or any location therein or without restriction or conditions being imposed on such use. Piscitelli v. Township Committee of Scotch Plains Tp., 103 N.J.Super. 589, 248 A.2d 274, 277.
A special exception allows property owner to put his property to use which regulations expressly permit under conditions specified in zoning regulations themselves. W A T R, Inc. v. Zoning Bd. of Appeals of Town of Bethany, 158 Conn. 196, 257 A.2d 818, 821.
Such use is also known as a conditional use, special permit, or special use.
Compare variance

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • special exception — n: a use of property that is allowed under a zoning ordinance under specified conditions: conditional use at use 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

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  • special use permit — n: an authorization from an appropriate government body (as a zoning board) for a use of property that is a special exception: lawful approval for a special exception Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

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