A special-use permit authorizes land uses that are allowed and encouraged by the ordinance and declared harmonious with the applicable zoning district.

Purpose

Land use Land use is an umbrella term to describe what happens on a parcel of land. It concerns the benefits derived from using the land, and also the land management actions that humans carry out there. The following categories are used for land use: fo ...

is governed by a set of regulations generally known as ordinances or municipal codes, which are authorized by the state's zoning enabling law. Within an ordinance is a list of land use designations commonly known as zoning. Each different type of zone has its own set of allowed uses. These are known as by-right uses. Then there is an extra set of uses known as special uses. To build a use that is listed as a special use, a special-use permit (or '' conditional-use permit'') must be obtained. An example of a ''special-use permit'' may be found in a church applying for one to construct a church building in a residential neighborhood. Although the church building is not a residential building, the zoning law may allow for churches in the residential neighborhood if the local zoning authority may review the impact on the neighborhood. This process grants discretion to the local zoning authority to ensure that an acceptable land use does not disrupt the zoning scheme because of its particular location.

US Zoning Model Act

The

Standard State Zoning Enabling Act "A Standard State Zoning Enabling Act" (SZEA) was a model law for U.S. states to enable zoning regulations in their jurisdictions. It was drafted by a committee of the Department of Commerce and first issued in 1922. This act was one of the founda ...

allows special-use permits based upon a finding of compatibility with surrounding areas and with developments already permitted under the general provisions of the ordinance.

Abuse

If the local zoning authority grants a special-use permit that exceeds the discretion allowed to it, then an incidence of

spot zoning Spot or SPOT may refer to: Places * Spot, North Carolina, a community in the United States * The Spot, New South Wales, a locality in Sydney, Australia * South Pole Traverse, sometimes called the South Pole Overland Traverse People * Spot Col ...

may arise. Such discretion then may be attacked as ''

ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...

'', and the special-use permit overturned as an

unconstitutional In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...

violation of

equal protection The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...

. Special-use permits are also required when a property has been deemed a "nonconforming use." A permit for a nonconforming use will allow the owner of a previously-compliant property to continue the existing use. This often arises when a property has been rezoned or amortized. Amortization is unconstitutional in many states, and is a controversial tool according to many property rights advocacy groups. An example of special-use-permit abuse may be found when a business or other organization is using U.S. Forest Service land for commercial use. Special-use permits may be revoked after the initial period if it is deemed to have not met the proposed public need. This then allows for another operator to apply for the special-use permit which will be evaluated on whether they are likely to succeed and meet the public need as well as follow all other criteria such as proper resource management and respectful public use. If deemed successful after the initial period the permit can be renewed for a longer period.

Other uses

Special land-use permits are also issued by the

U.S. Forest Service The United States Forest Service (USFS) is an agency within the U.S. Department of Agriculture. It administers the nation's 154 national forests and 20 national grasslands covering of land. The major divisions of the agency are the Chief's ...

for the operation of ski areas and other

recreation Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for happiness, enjoyment, amusement, ...

al facilities in national forests. These facilities are operated by commercial providers who help the public in a way that would not otherwise be helped by the U.S. Forest Service. The U.S. Forest Service does not run the facility itself and is not the one providing the benefits that the commercial business provides. Special-use permits have also been issued for other purposes, such as in

Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...

during the summer of 2015, when special fishing permits were issued to feed

firefighter A firefighter (or fire fighter or fireman) is a first responder trained in specific emergency response such as firefighting, primarily to control and extinguish fires and respond to emergencies such as hazardous material incidents, medical in ...

s who had difficulty receiving supplies via land routes due to the

forest fire A wildfire, forest fire, or a bushfire is an unplanned and uncontrolled fire in an area of combustible vegetation. Depending on the type of vegetation present, a wildfire may be more specifically identified as a bushfire ( in Australia), dese ...

s that they were fighting in remote areas. In

broadcasting Broadcasting is the data distribution, distribution of sound, audio audiovisual content to dispersed audiences via a electronic medium (communication), mass communications medium, typically one using the electromagnetic spectrum (radio waves), ...

, a

restricted service licence A UK Restricted Service Licence (often called an RSL) is typically granted to radio stations and television stations broadcasting within the UK to serve a local community or a special event. Licences are granted by the broadcasting authority Ofcom ...

( UK) or

special temporary authority Special Temporary Authority (STA) in U.S. broadcast law is a type of broadcast license which temporarily allows a broadcast station to operate outside of its normal technical or legal parameters. In the Federal Communications Commission (FCC) st ...

( US) may be issued by a

broadcasting authority Broadcasting is the distribution of audio audiovisual content to dispersed audiences via a electronic mass communications medium, typically one using the electromagnetic spectrum (radio waves), in a one-to-many model. Broadcasting began with ...

for temporary changes or set-ups for a

radio station Radio broadcasting is the broadcasting of audio (sound), sometimes with related metadata, by radio waves to radio receivers belonging to a public audience. In terrestrial radio broadcasting the radio waves are broadcast by a land-based rad ...

television station A television station is a set of equipment managed by a business, organisation or other entity such as an amateur television (ATV) operator, that transmits video content and audio content via radio waves directly from a transmitter on the earth's s ...

. This may be for a temporary LPFM station for a special event (an RSL), or for an unexpected situation such as having to operate at low power from an emergency

radio antenna In radio-frequency engineering, an antenna (American English) or aerial (British English) is an electronic device that converts an alternating electric current into radio waves (transmitting), or radio waves into an electric current (receivi ...

or radio tower after a disaster or major equipment failure (STA).

References

{{Reflist Zoning Legal documents Building engineering

Purpose

US Zoning Model Act

Abuse

Other uses

See also

References