Also known as: supra
Written by attorneys · grounded in primary & secondary sources — see below
An administrative authorization allowing a property owner to use land for a purpose not permitted as of right under the applicable zoning ordinance. The permit issues upon a showing that the proposed use will not harm the surrounding area or violate public policy.
Select any source to read its text and confirm it supports the definition.
Samantha Stone seeks to open a small daycare in her home located in a single-family residential district. She applies for a special-use permit and demonstrates that traffic and noise will remain minimal. The zoning board grants the permit after a public hearing.
Sasha Stone requests a special-use permit to run a law office from her garage in a neighborhood zoned exclusively for residences. She submits plans showing limited client visits and no exterior changes. The city approves the permit with conditions on hours and signage.
Simone Sanders applies for a special-use permit to convert a vacant retail building into a place of worship. She shows that parking and traffic impacts can be mitigated. The planning commission issues the permit subject to landscaping requirements.
Sydney Santos seeks a special-use permit to operate a microbrewery in a light-industrial zone. Evidence establishes that odors and deliveries will not burden nearby residents. The board grants the permit after reviewing environmental reports.
Sarah Sullivan petitions for a special-use permit to build an assisted-living center on land zoned for single-family homes. She presents traffic studies and architectural renderings showing compatibility. The council approves the permit with height and buffer restrictions.
Stephen Shaw applies for a special-use permit to add classroom buildings to a private school in a residential neighborhood. He demonstrates that the addition will not increase enrollment beyond current capacity. The zoning authority grants the permit after requiring additional screening.
The applicant must demonstrate that the proposed use will not adversely affect neighboring properties or the public welfare. Local ordinances typically require evidence of compatibility, traffic management, and compliance with any conditions imposed by the zoning board.
Supporting sources
…166 (1944); and child rearing and education, Pierce v. Society of Sisters , 268 U.S. 510, 535 (1925), Meyer v. Nebraska , supra . This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court…