Conditional use permit
|Conditional use permit|
Conditional use permit allows a municipality to provide inconsistent with the property's existing zoning uses, that are essential or desirable for specific area. With this permit owners can use a property authorized by a local zoning ordinance in an inconsistent way. The conditional use permit will have determined conditions that must be met by the owner in order to allow exception. The permit allow successor owner to use the property as provided once in the conditional use permit (C. K. Fields, K. C. Fields 2018, P. 482). Examples of conditional use permits would include authorizing a gas station or grocery store to operate in a residential area for the sake of resident's convenience (N. R. Bevans 2009, P. 250).
Typically, zoning ordinance not only specifies uses that are permitted in each zoning district but other uses that may be specially allowed only if certain conditions are met as well. Most zoning ordinances charge a planning commission with the authority to grant conditional use permits, while some of them give that authority to a zonings' board or local legislative body. The commission helds a hearing, during which the property owner presents evidence that their use meets specified criteria. Other property owners and neighbours may attend the hearing and argue against the permit. The commission then decides whether or not to grant the permit (A. Romero 2013, P. 106). The zoning board, however, cannot act in a suspicious or unreasonable way. For example, it cannot limit those permits to zoning board's family members or to a specific companies (N. R. Bevans 2009, P. 250).
Shoreline Conditional Use Permit
Shoreline permits with conditions and shoreline conditional use permits are not the same. Conditional use permits main purpose is to allow flexibility in varying the application (T. Braddock 2015, P. 38). Those permits are granted for 5 years period, however the local government can issue a shorter termination date (T. Braddock 2015, P. 40).
To get a shoreline conditional use permit, the candidate must demonstrate that the use will (T. Braddock 2015, P. 38):
- Be consistent with policies.
- Not interfere with the normal public use.
- Be compatible with other permitted uses within the area.
- Cause no adverse effects to the environment designation.
- Not cause substantial detrimental effect to the public interest.
- Bevans N. R. (2009)., Real Estate and Property Law for Paralegals, Second Edition, Wolter Kluwer
- Braddock T. (2015)., Washington Environmental Law Handbook, Fifth Edition, Bernan Press
- Fields C. K., Fields K. C. (2018)., Contemporary Real Estate Law, Second Edition, Wolters Kluwer
- Romero A. (2013)., Property Law for Dummies, John Wiley & Sons, Inc.
- Selmi D. P., Kusher J. A., Ziegler E. H., DiMento J. F., Echeverria J. D. (2017)., Land Use Regulation; Cases and Materials, Fifth Edition, Wolters Kluwer
Author: Karolina Liskiewicz