In New York, zoning regulations outline how land can be used and set rules for buildings in an area. There are different requirements for residential, commercial and industrial properties.
There may be situations where a property owner needs to request a special use permit, which authorizes that person to use a property in a way that is not generally allowed under the zoning regulations.
Special use permit process
The process to request a special use permit may vary slightly depending on the type of structure and the area, however there is general information about the process that is helpful to understand.
The property owner will need to submit a special use permit application, which provides information about the proposed use and explains why the property should be granted an exception. The zoning authority may review how the proposed change would impact other properties and whether it will increase traffic, noise or pollution.
Objections to a special use permit
Property owners can face objections from others about the special use permit. Nearby properties may be concerned that the special use permit will lower their property value.
They may also have concerns that the use would cause public health or safety issues. If the permit allows activities that would cause a nuisance for surrounding owners, that may also cause a dispute. Neighbors may object to a venue that allows loud music at night or large crowds, for example.
Businesses may also object to a special use permit that allows a competing business to move into their area. These disputes may lead to litigation.
There is help available to request a special use permit or address a dispute.