Land Use & Environmental

Special Exception (Conditional Use)

A use allowed in a zoning district only with specific approval after meeting stated conditions; also called a conditional use.

A special exception, also called a conditional use, is a use that the zoning code permits in a district only if the applicant obtains approval and meets stated conditions. Examples include a church or a school in a residential zone.

Unlike a variance, which grants relief from a rule due to hardship, a special exception is a use the code anticipates and allows under conditions.

On the exam

A special exception is a conditional use the code allows with approval. A variance is hardship relief from a specific rule.

Exam trap

A special exception is a permitted-with-conditions use, not relief from a hardship. That distinguishes it from a variance.

Tested in

Property Characteristics (9% of the exam)

From definition to recall

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This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.