When you are searching for a piece of land or property to use for business purposes, you must ensure that what you intend to use the land for is legal under local zoning regulations. Finding the perfect piece of land but learning you cannot use it due to zoning regulations can derail your entire project.
The problem could be solved through a special use permit. A special use permit creates an exception to a zoning law and allows land or a piece of property to be used in a way that would normally go against zoning regulations.
For example, perhaps you want to operate your business in an area zoned only for residential purposes. You might need to apply for a special use zoning permit to allow your business to be the exception to the general “residential only” rule.
Who issues special use permits?
Special use zoning permits are generally issued and managed by local government authorities, such as a city council, municipal department or zoning board. Once you apply for the zoning permit, the zoning board typically considers several factors when deciding whether to issue your permit.
Some factors include the reason you are using the land, the use of the property in question, the type of business you will operate and how your operations will affect the surrounding neighborhood or community.
A zoning board must determine if your business activities will disrupt the purpose and environment of the area.
Can a permit be overturned?
If you succeed in obtaining a special use permit, it can still be overturned. Additional analysis or future changed conditions might result in the organization who issued the permit overturning it if conflicts with zoning ordinances or other laws.
A special use zoning permit can mean the difference between operating your business or having to shut it down. Therefore, if you are issued one, do not violate the terms in any way. This could also cause the permit to be revoked.