Special uses are uses that may have a significant impact on the neighboring properties, and as such, they require an administrative hearing for approval. Special uses have been deemed by the local legislative body as uses consistent with the intent of the zoning district, but in need of additional safeguards.
For example, in a Residential Zoning District, schools, hospitals, and churches are usually identified as special uses. From a planning perspective, it is generally understood that these types of uses can be compatible with single-family uses although they may require special consideration prior to approval.
In an application for a special use permit, it is important to identify all of the requirements and address them all in the application. “The standards for the issuance of special permits are usually less stringent, however, than those for variances. That is because a special permit regulates a permitted use, while a variance allows a use which is proscribed by the ordinance.” 6 Rohan, Zoning and Land Use Controls 44-47, §44.04 (1978).
A special use permit generally runs with the land and unless the owner/user violates a condition resulting in termination of the permit, the permit does not expire. Usually, a special use permit may be terminated if it’s abandoned for a certain period of time or if there is a change in the business activity conducted under the permit.
Have questions? We have answers and we’d love to hear from you. Send us an email at info@birchwood.law
Disclaimer: This content is for informational purposes only. It is not considered legal advice on any subject matter. The information provided here does not create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon this information without seeking advice from an attorney licensed in your own state or country.
Author Bio
Katarina Karac
Katarina is a Chicagoland zoning attorney with a deep understanding of how planning staff and local officials approach land use decisions, thanks to her prior work representing public development agencies. She now uses that experience to help private clients move projects through the approval process with focus and efficiency.
She has guided residential, commercial, mixed-use, and industrial developments from concept to approval, appearing before boards, commissions, and neighborhood groups. Known for her clear communication and high success rate, Katarina also regularly presents on zoning and land use at legal seminars and CLEs.
Legal Team
Available
