How to Get a Conditional Use Permit

Developers apply for conditional use permits if they feel a proposed use of a property will benefit the community, or they can demonstrate a specific rationale for creating a use for which that property is not currently zoned. The developer bears the burden of advocating the use for the site and must apply through the proper channels.

Instructions

Difficulty: Moderate

1. Contact the municipality and tell them you intend to apply for a conditional use permit. Schedule your application to be heard by a zoning hearing board at a public meeting. You may have to wait a few months.
2. Get representation. Legal counsel can help you get your paperwork together and advise you on how developers get these conditional use permits. The legal counsel can also inform you of your rights and protect your application from opposition groups that don't want to see your proposal succeed.
3. Work with your counsel to create a conditional use rationale. Show how your use will benefit the surrounding community, how it will create jobs, help the economy, or provide a public service. Think like a zoning hearing board member and anticipate questions that might arise.
4. Send your counsel/representatives/partners to the zoning hearing board meeting. Make sure you have qualified people to represent you. Some boards can be tough on developers seeking conditional use.
5. Find out the decision of the board and go from there. A zoning hearing board's ruling can be appealed, but it helps to go through your counsel and get the best legal advice before proceeding. Attorneys who deal with conditional use cases are experienced and they can keep you apprised of your chances.