Special Use Permit

Definition

A Special Use Permit (SUP), also known as a Conditional Use Permit (CUP), is a regulatory tool used by local zoning authorities to grant property owners the right to conduct specific activities that are not generally permitted within a particular zoning district. These activities are considered “conditional uses,” meaning the zoning authority must review and approve the use based on established criteria before the permit is granted.

Examples

Community Facilities in Residential Zones: A local government allows a community center to operate within a residential neighborhood, provided that the center obtains a Special Use Permit.
Commercial Activities in Agricultural Zones: A landowner in an agricultural zone may wish to open a farm-to-market store. To do this, they would need to obtain a Special Use Permit from the local zoning authority.
Parking Lots in High-Density Residential Zones: A landowner wishing to operate a parking lot in a high-density residential zoning district must first obtain a Special Use Permit following the review of their development plans.

Frequently Asked Questions (FAQs)

What is a Special Use Permit?

A Special Use Permit is a tool that allows property owners to use their land in a way that is not typically allowed under the current zoning regulations. This permit is granted by the zoning authority after a review of the proposed use.

How do you obtain a Special Use Permit?

To obtain a Special Use Permit, an application must be submitted to the local zoning authority. The application will typically require detailed plans and justifications for the proposed use. The zoning authority will then review the application based on specific criteria and possibly hold a public hearing before making a decision.

What factors are considered when reviewing a Special Use Permit application?

Factors may include the impact on neighboring properties, traffic patterns, environmental effects, and whether the proposed use is in harmony with the general zoning plan and community objectives.

Can a Special Use Permit be revoked?

Yes, a Special Use Permit can be revoked if the permit holder fails to comply with the conditions set forth in the permit or if the use becomes incompatible with surrounding uses over time.

Do Special Use Permits expire?

Yes, some Special Use Permits may have an expiration date and require renewal, while others may be issued for the duration of the approved use.

Zoning Authority: The local government body responsible for zoning laws and land use guidelines.
Conditional Use: A use permitted within a zoning district only after special approval by the zoning authority.
Ad Valorem Taxation: Taxation based on the assessed value of the property.
Rollback Taxes: Additional taxes imposed when the use of the land changes from a special use, such as agricultural, back to a general market value.
Fair Market Value (FMV): The price a property would sell for on the open market.
Highest and Best Use: The most financially productive use of a property given its location, zoning, and potential.

Online Resources

American Planning Association (APA): Provides guidelines and resources related to urban planning and special use permits.
U.S. Legal, Inc. - Special Use Permit Law and Legal Definition: Offers a legal definition and context for special use permits.
National Association of Realtors - Commercial Real Estate: Offers insights and resources related to commercial real estate, including zoning and land use.

References

U.S. Department of Housing and Urban Development (HUD): Guide to Zoning and Land Use Regulations.
Zoning Ordinances and their Application: A comprehensive review by urban planning departments across various municipalities.

Suggested Books for Further Studies

“Zoning Practice: A Guide for Local Governments” by Michael E. Chandler and Sharon F. Connor.
“The Zoning Game: Municipal Practices and Policies” by Richard F. Babcock.
“Local Planning: Contemporary Principles and Practice” by Gary Hack, Eugenie L. Birch, and Paul H. Sedway.

Real Estate Basics: Special Use Permit Fundamentals Quiz

### What is a Special Use Permit? - [ ] A permit issued by building inspectors - [x] A right granted by a zoning authority to conduct certain conditional uses - [ ] A marker for historical landmarks - [ ] An automatic approval for any proposed development > **Explanation:** A Special Use Permit is granted by a local zoning authority to allow for certain conditional uses within a zoned district that otherwise would not be permitted. ### Who grants a Special Use Permit? - [ ] The state government - [x] The local zoning authority - [ ] The federal government - [ ] Private landowners > **Explanation:** The local zoning authority is responsible for granting Special Use Permits. ### What must be submitted to obtain a Special Use Permit? - [x] An application with detailed plans and justifications - [ ] A lease agreement - [ ] Utility bills of the land - [ ] Personal identification documents > **Explanation:** To obtain a permit, an application with detailed plans and justifications of the proposed use must be submitted to the local zoning authority. ### Can a Special Use Permit expire? - [x] Yes, it can have an expiration date - [ ] No, it is permanent - [ ] Only if it is not in use within a year of approval - [ ] Only if state law changes > **Explanation:** Some Special Use Permits may have expiration dates and require renewal, though this varies by the specifics of the permit. ### What could be a reason for revoking a Special Use Permit? - [ ] Sale of the property - [x] Non-compliance with permit conditions - [ ] Transfer of ownership - [ ] Valuation discrepancies > **Explanation:** Non-compliance with the conditions set forth in the permit could result in revocation. ### Why are public hearings sometimes held for Special Use Permits? - [ ] To finalize construction details - [x] To gather community input and ensure compatibility - [ ] To validate zoning compliance - [ ] To register property lines > **Explanation:** Public hearings are often held to gather community input and ensure the conditional use is compatible with local interests. ### What primary factor can influence the decision of granting a Special Use Permit? - [x] Impact on neighboring properties - [ ] Applicant’s credit history - [ ] Previous land use of the property - [ ] Owner's business experience > **Explanation:** The impact on neighboring properties is one of the primary factors considered when reviewing an SUP application. ### What does a Conditional Use in zoning terms mean? - [ ] An automatically approved activity - [x] A use that requires special approval - [ ] A temporary use until zoning changes - [ ] An illegal activity requiring a change > **Explanation:** A Conditional Use refers to a specific activity that is permitted only after special approval from the zoning authority. ### When might Rollback Taxes be applied? - [x] When land use changes from special agricultural to general market value - [ ] When land is rezoned covertly - [ ] When an inheritance occurs - [ ] When taxes are left unpaid > **Explanation:** Rollback Taxes are applied when the land use changes from a special understandable value, such as agricultural, to its higher market value use. ### Which agency regulates the issuance of Special Use Permits? - [ ] Investment banks - [ ] Federal Housing Agency - [ ] General contractors - [x] Local zoning authority > **Explanation:** The local zoning authority regulates the issuance of Special Use Permits.