A conditional use permit is a zoning exception that allows a property owner to use their land in a manner not otherwise permitted by zoning law. The process for obtaining a conditional use permit differs across cities, but will generally require a property owner to explain what non-conforming use they intend, why they should be allowed the exception to zoning, and why granting the permit will not negatively effect the surrounding properties. Typically this is done by filing a petition with the local zoning authority before presenting your argument in person.
Purpose for Conditional Use Permits
Conditional use permits are designed to allow flexibility in zoning laws. Zoning laws cannot account for every situation, and exceptions such as conditional use permits provide a zoning authority the opportunity to allow uses that would improve a neighborhood to exist in a zone where they are otherwise prohibited. Commonly, conditional use permits are granted to add commercial, education, or religious services to residential zones. Churches, schools, and small or home-based businesses in residential neighborhoods are all products of conditional use permits that allow exceptions to the zoning law.
Applying for a Conditional Use Permit
A quick phone call, or preferably a letter (drafted by a lawyer) to the local zoning authority will get the ball rolling. The officials in charge of granting a conditional use explain the process, including required forms, notices to other property owners, and fees. Zoning officials can also tell you what kind of resistance the conditional use might stir up, and what you can do to prepare for problems. By taking the necessary preparations before filing your petition, you will get a handle on the required procedure; be sure to properly and thoroughly prepare your case.
After preparing your argument and filing your petition, you will likely have an opportunity to orally present your request and answer any questions the zoning authority may have before they make a decision. You may need to add or explain information in your conditional use application, so be prepared to be flexible and available throughout the process. Although there are many factors in granting a conditional use permit, a zoning authority will usually determine whether or not a proposed conditional use will materially alter the neighborhood, and if the change has a positive impact. If your application for a conditional use is rejected, you may have an opportunity to appeal the decision, so keep counsel with an attorney familiar with conditional use permits and zoning laws in your area as you work through the application.