What is a special use permit?

A special use permit allows a landowner to obtain a tract of land for a use that doesn’t fall directly under the permitted usage for that specifically zoned area. In most areas, the community that the local government oversees 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, each zone is usually given a “special uses” section under the zoning requirements, which allow for uses that are just outside the intended uses for that zone. 

Understanding Special Use Permits

A special use permit must be obtained by any landowner that wishes to develop a tract of land within a zone for any purpose that is included in the special uses ordinances for that zone. These zoning permits allow the landowner to develop that land for his own intended use, even if it doesn’t fall within the “by-right” guidelines for that particular zone. Some examples of specified special uses include schools, funeral homes, hospitals, cemeteries, and other types of land-uses that don't fit exactly into the description of residential or commercial uses.

Obtaining a Special Use Permit

Special use permits can only be granted in most cases if the landowner's application is brought before the zoning commission in a public forum, and the public around the area the permit is being requested for doesn’t object to the proposed development.

If you are a landowner who needs a special use permit, it's in your best interest to consult with a lawyer. Your attorney can help you to determine whether your intended use will be permitted, and he can help you to take the appropriate steps to get the special use permits you need.