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. These permits are usually granted through a public hearing.
There are a few different types of conditional use permits you should be aware of:
- Second Dwelling Unit Permit
- Granny Unit Permit
- Mobile Home Park Unit Permit
A city or country might give you a permit to allow you to create a second unit on your lot under certain conditions:
- The second unit will not be sold but might be rented
- The lot for the second unit is currently zoned for single or multi-family uses
- A single family dwelling already exists on the lot
- The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling
- The floor area of the attached second unit does not exceed a total of 30 percent of the floor area of the existing unit
- The floor area of the detached second unit does not exceed a total of 1,200 square feet
- All normal zoning requirements are met such as height, fees, and charges
- The second unit meets the local building code requirements
- If a private sewage disposal system is in place, a local health officer must approve of its status
Granny units have very similar requirements to those of second dwelling units with one additional and very significant requirement: The property owner must intend for the second dwelling to be occupied by an adult aged 62 or older. Additional Rules governing attached and detached dwelling units apply as well and must be met before your application for a granny unit permit will be approved.
A mobile home park unit permit will only be granted on land currently zoned for residential land use. If the denial of a mobile home park unit permit results in a mobile home park closing, the government will likely step in to alleviate the harmful effects of the closure by proving alternate housing or funds to find alternative housing.
Each region has its own zoning and land use regulations. Also, public hearings often require a very detailed description of your situation along with an argument that embraces both your unique facts and the local law.
An experienced real estate lawyer can also help you make a decision concerning any land use or zoning options available to you by providing you with any necessary information you may need in order to make your decision.