A special exception may waive, modify, vary, or substitute certain requirements in the Zoning Ordinance, if the regulation explicitly allows. While it is similar to a variance, a special exception is less common, as it is only permitted for a use when the applicable section of the ordinance says the section may be “waived or modified by special exception.”
A few commonly permitted special exceptions include relief from a condition of approval, a variation to a previously approved Planned Development rezoning application plan or Code of Development, or a modification of the maximum vehicle trips per day, minimum yards, requirements for hours of operation, or height limitations of a use.
The Albemarle County Board of Supervisors (BOS) decides the approval or denial of special exception applications. Due to the scheduling requirements of the Board’s agenda, it may take up to 90 days to get a special exception application to the Board, at which time they will approve or deny the application. Notice of a special exception application may be sent to abutting parcels as required by the applicable sections of the Ordinance. A few types of special exceptions require a public hearing, which will require notice to be published in the newspaper.
