Land Use & Zoning
In NH, a 'special exception' from the zoning board of adjustment differs from a variance because:
AA special exception requires no public hearing
BA special exception is a use permitted by the ordinance under specified conditions, not a deviation from the ordinance✓ Correct
CA special exception is only available for commercial properties
DA variance is easier to obtain than a special exception
Explanation
A special exception (conditional use) is a use the zoning ordinance permits in a district if the applicant meets specified criteria. It does not deviate from the ordinance—it complies with it.
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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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