Land Use & Zoning
A special exception (or special use permit) in New Hampshire differs from a variance in that it:
ARequires no showing of hardship and allows a use expressly permitted by the ordinance under specific conditions✓ Correct
BOverrides the zoning ordinance entirely
CIs granted only for commercial properties
DRequires state legislative approval
Explanation
A special exception allows a use that the ordinance specifically permits but only under certain conditions set by the ZBA. No hardship showing is required — the use is already contemplated in the ordinance.
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Key Terms to Know
Variance
Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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