A conditional use permit allows a city or county to consider special uses for land that may be needed or desired by a particular community. It is normally granted through a public hearing.
A conditional use permit application proposed by a project promoter is considered at a public hearing and, if approved, is subject to a number of important restrictions. Depending on local law, hearings are typically held by a board of zoning, a planning commission, or a zoning administrator. Property owners near the site are sent advance notice of the date, time, and place of the hearing in case they want to be heard.
Generally, conditional use permits do not allow uses prohibited by zoning laws or uses not explicitly allowed by the permit. The conditional use permit includes provisions which limit the applicant's ability to use the property. Under certain situations, local governments may include provisions from federal laws and expand the variety of uses allowed.
There are several standards communities have used in considering whether a conditional use permit should be granted. The following standards are the most common:
Unfortunately, once you sell property that has a conditional use permit, the permit is sold with the property. This means that the permit can only be transferred to the party purchasing the property rather than transferred to another piece of property.
An experienced real estate lawyer can help you understand the complex zoning laws in your area. A property lawyer can also help you oppose a proposed conditional use permit.
Last Modified: 04-19-2018 02:28 AM PDTLaw Library Disclaimer
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