Northern Virginia, with its dynamic economy, presents significant opportunities for development. However, navigating the complexities of zoning and land use regulations is crucial for project success. One important mechanism within this regulatory framework is the “special exception,” known as a “special use permit” or “use permit” in some jurisdictions. Understanding special exceptions is essential for anyone looking to build or develop in this competitive market.

Think of zoning districts like a restaurant menu. Most uses are like ordering off the standard menu—allowed “by-right.” A special exception, however, is like asking the chef to prepare a custom dish not listed. The chef (the local governing body) might agree, but only after carefully considering the ingredients, your reasons, and ensuring your dish won’t disrupt the other diners (neighbors). At its core, a special exception is a conditional approval by the local governing body for a specific land use in a zoning district where that use is not permitted by right. These approvals involve greater scrutiny because they often can have a more significant community impact than by-right development. Jurisdictions in Northern Virginia use special exceptions to maintain flexibility while controlling development quality and compatibility. As Fairfax County notes, these exceptions address uses that, “by their nature or design can have an undue impact upon or be incompatible with other uses of land.” This highlights the balancing act inherent in special exceptions: facilitating uses that may benefit the public while ensuring they integrate into the community with minimal disruption.

It’s important to distinguish special exceptions from other zoning tools.

• Zoning variances typically address deviations from dimensional requirements like setbacks or height restrictions.
• Rezoning, on the other hand, involves a fundamental change to the zoning designation of a property, altering the entire set of permitted uses.

The specific procedures for obtaining a special exception vary across Northern Virginia. Generally, the process involves application submission, which often requires detailed plans, narratives, and supporting documentation. In Fairfax County, for example, applications must be submitted electronically through the PLUS portal. County staff then review the application for completeness and compliance with the Zoning Ordinance. Public hearings before the Planning Commission and/or the Board of Supervisors allow for public input and discussion of the proposed use. Ultimately, the Board of Supervisors or County Board makes the final decision to approve, deny, or defer the application.

While the core concept of special exceptions remains consistent, there are important jurisdictional differences:

• Terminology: While Fairfax and Loudoun Counties use “special exception,” Arlington County uses “Use Permit,” and Prince William County uses “Special Use Permit.”
• Review Bodies: In Arlington County, the County Board has the final decision-making authority, while Fairfax and Loudoun Counties involve review by the Planning Commission and the Board of Supervisors.
• Process Variations: Loudoun County distinguishes between “Special Exceptions” and “Minor Special Exceptions,” with a less intensive review of the latter.

For developers, several key tips can help navigate the special exception process. Consulting with county planning staff early in the process is highly recommended. Detailed applications with clear justifications are crucial. It is also important to be prepared to address potential community impacts and concerns.

Special exceptions are vital tools that allow Northern Virginia jurisdictions to balance development with community interests. For developers, navigating this process effectively requires careful attention to jurisdictional nuances, thorough preparation, and proactive community engagement.

If you’re planning a project that may require a Special Use Permit, please contact Andrew Gregg at (703) 284-7254 or agregg@beankinney.com.

This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the authors and are not necessarily the views of any client.