Land Use & ZoningIntermediateDelaware Exam

What is a 'special exception' (also called a conditional use permit) in Delaware zoning?

AA permanent rezoning of property for a special use
BAn approved use that is permitted in a zoning district only upon review and approvalCorrect
CSimply an automatic exception to standard zoning rules granted without review to all government-owned buildings
DAn exemption from all zoning requirements for religious institutions

Why An approved use that is permitted in a zoning district only upon review and approval Is Correct

Answer B: An approved use that is permitted in a zoning district only upon review and approval

A special exception (conditional use) is a use explicitly listed in the zoning ordinance as allowable in a district, but only with specific conditions and approval. Unlike a variance (which is a departure from zoning standards), a special exception is a use the municipality has already deemed potentially compatible — it requires a hearing and conditions to address impacts.

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