Special-use permit
Encyclopedia
A special use permit is a US term, which allows a specific exception to the zoning regulations
from a list of acceptable exceptions for a particular parcel of land in a district of a particular zoning character. The local zoning authority reviews and grants special use permits.
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.
Special use permits are an extra step that a developer must go through to receive approval to build a project. Usually a public hearing must be held by a plan commission and a City Council or other legislative body. With the decision in the hands of political authorities, receiving a special use permit can fall prey to the land use politics and the decision-making process of political leaders.
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.
may arise. Such discretion then may be attacked as ultra vires and the special use permit overturned.
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
from a list of acceptable exceptions for a particular parcel of land in a district of a particular zoning character. The local zoning authority reviews and grants special use permits.
Purpose
Land useLand use
Land use is the human use of land. Land use involves the management and modification of natural environment or wilderness into built environment such as fields, pastures, and settlements. It has also been defined as "the arrangements, activities and inputs people undertake in a certain land cover...
is governed by a set of regulations generally known as ordinances
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
or municipal codes
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
, 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.
Special use permits are an extra step that a developer must go through to receive approval to build a project. Usually a public hearing must be held by a plan commission and a City Council or other legislative body. With the decision in the hands of political authorities, receiving a special use permit can fall prey to the land use politics and the decision-making process of political leaders.
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 spot zoningSpot zoning
Spot zoning is the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions. The rezoning may be for the benefit of a particular owner, and at odds with pre-existing adjacent...
may arise. Such discretion then may be attacked as ultra vires and the special use permit overturned.
See also
- ZoningZoningZoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
- Zoning in the United States (land use)
- Variance (land use)Variance (land use)A variance is the process by which an applicant can request deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the...
- Spot zoningSpot zoningSpot zoning is the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions. The rezoning may be for the benefit of a particular owner, and at odds with pre-existing adjacent...