These two items are essentially the same, just called either Exceptions or Permits by various Towns. In short, this is a process where uses may be allowed, which would not be normally allowed within a zone, if certain conditions are met. All Towns will have a Special Exception/Permit section in their regulations that will spell out the process and will list the approval criteria. In all cases, a public hearing is required and notice has to be sent to neighboring property owenrs. This allows neighbors have an opportunity to comment on the application. Like most land use decisions, these proceedures can be quite straight forward, or complete nightmares – depending on the many factors that surround the application!
Much greater discretion is given to Commissions in these kinds of applications and often the criteria are very subjective (shall not negatively affect the neighborhood, shall be in keeping with neighborhood uses, etc.). Experts of various types are often required to get an approval, depending on the scope of the project. There are plenty of ways for a Commission to deny your application, but they still have to listen to, and base their decision on, the testimony from the hearing. This is where a prepared applicant will have the advantage – they will put the needed testimony on the record by a competent professional who will be hard to refute by the opposition. You have to have testimony to refute all the oppositions’s claims – that is the key to an approval.
I have sat through literally a hundred of these applications over my years as a land use official and understand what you need to get your project or use approved. Give us a call – let us discuss your plans and I can give you some guidance as to how to proceed and get your desired permit.