Special-use permit

A special-use permit authorizes land uses that are allowed and encouraged by the ordinance and declared harmonious with the applicable zoning district.^[1]

Purpose

Land use is governed by a set of regulations generally known as ordinances or municipal codes, which are authorized by the state's zoning enabling law. Within an ordinance is a list of land use designations commonly known as zoning. Each different type of zone has its own set of allowed uses. These are known as by-right uses. Then there is an extra set of uses known as special uses. To build a use that is listed as a special use, a special-use permit (or conditional-use permit) must be obtained.

An example of a special-use permit may be found in a church applying for one to construct a church building in a residential neighborhood. Although the church building is not a residential building, the zoning law may allow for churches in the residential neighborhood if the local zoning authority may review the impact on the neighborhood. This process grants discretion to the local zoning authority to ensure that an acceptable land use does not disrupt the zoning scheme because of its particular location.

US Zoning Model Act

The Standard State Zoning Enabling Act allows special-use permits based upon a finding of compatibility with surrounding areas and with developments already permitted under the general provisions of the ordinance.

Abuse

If the local zoning authority grants a special-use permit that exceeds the discretion allowed to it, then an incidence of

.

Special-use permits are also required when a property has been deemed a "nonconforming use." A permit for a nonconforming use will allow the owner of a previously-compliant property to continue the existing use. This often arises when a property has been rezoned or amortized. Amortization is unconstitutional in many states, and is a controversial tool according to many property rights advocacy groups.^[2]

An example of special-use-permit abuse may be found when a business or other organization is using U.S. Forest Service land for commercial use. Special-use permits may be revoked after the initial period if it is deemed to have not met the proposed public need. This then allows for another operator to apply for the special-use permit which will be evaluated on whether they are likely to succeed and meet the public need as well as follow all other criteria such as proper resource management and respectful public use. If deemed successful after the initial period the permit can be renewed for a longer period.

Other uses

Special land-use permits are also issued by the

that they were fighting in remote areas.

In

after a disaster or major equipment failure (STA).

See also

• Zoning
• Zoning in the United States (land use)
• Variance (land use)
• Spot zoning

References