Special Use Permit for Property

A special use permit allows a landowner to obtain a tract of land for a use that does not fall directly under the permitted usage for that specifically zoned area. In most areas, the community is separated into different zones determined by the community’s zoning commission. These zones are then given a specific set of “by-right” permitted uses. This means that any land within that zone can be used for the permitted usage only, by right of the owner. In addition to the regular usages, under the local zoning regulations, each zone is usually given a “special uses” section allowing for uses that are just outside the intended uses for that zone.

Needing a Special Use Permit

A special use permit must be obtained by a landowner who wishes to develop a tract of land whose purpose is included in the special uses ordinances for that zone. The zoning permit allows the owner to develop that land for his own intended use, even if it does not fall within the “by-right” guidelines for that particular zone. Examples of special uses under your local zoning guidelines may include schools, funeral homes, hospitals, cemeteries, and other types of land uses which do not fit exactly into the description of residential or commercial uses.

Obtaining a Special Use Permit

Usually a special use permit is granted if the landowner’s application is brought before the zoning commission in a public forum, and the community does not object to the proposed development. A local attorney can advise the owner if a special permit is needed, and the appropriate steps for any required special use permit.

Case Studies: Special Use Permit for Property

Case Study 1: Expanding a Hospital Facility

A local hospital wants to expand its facility to accommodate the growing demand for medical services in the area. However, the hospital’s current location is zoned for residential use only. To proceed with the expansion, the hospital needs to obtain a special use permit from the zoning commission.

The hospital’s representatives present their plans at a public forum, highlighting the benefits the expansion will bring to the community, such as improved healthcare access and job opportunities. The community shows support for the project, and the zoning commission grants the special use permit.

Case Study 2: Establishing a School

A group of educators and parents in a suburban neighborhood decides to establish a private school to provide alternative education options for the local children. However, the chosen property is zoned for commercial use, and running a school requires a special use permit.

The group hires a local attorney who advises them on the application process and helps them present their case to the zoning commission. They emphasize the benefits of having a nearby school, including reduced commute times and improved educational opportunities. The community shows overwhelming support, and the zoning commission approves the special use permit.

Case Study 3: Developing a Funeral Home

A family-owned funeral home business wishes to expand its operations by establishing a new location in a residential area. However, the local zoning regulations only permit residential uses in that zone. To proceed with their plans, the funeral home must obtain a special use permit.

The family engages a local attorney to guide them through the process. They prepare a comprehensive proposal highlighting how the funeral home will contribute to the community, providing essential services during times of loss and grief. Despite initial concerns from some residents, the zoning commission approves the special use permit after considering the community’s overall benefit.