Legal Definitions - special use

A special use, often referred to as a conditional use or special exception, describes a type of land use that is not automatically permitted in a particular zoning district but may be allowed if it meets specific conditions and receives approval from the local government or zoning authority. These uses are generally considered compatible with the overall character of the district but require individual review because they might have unique impacts, such as increased traffic, noise, or parking demands, that need to be carefully managed or mitigated.

The approval process for a special use typically involves a detailed application, a review by planning staff, and often a public hearing. The approving body will assess whether the proposed use aligns with the community's comprehensive plan and zoning ordinance, and whether it can operate without negatively affecting public health, safety, or welfare, or the surrounding properties.

Here are some examples illustrating a special use:

• Example 1: A Community Daycare Center in a Residential Zone

  Imagine a quiet suburban neighborhood zoned exclusively for single-family homes. A local entrepreneur proposes to convert a large house into a small daycare center for neighborhood children. While the zone is primarily residential, a daycare center, though serving a community need, introduces elements like increased vehicle traffic during drop-off and pick-up times, potential noise from children playing outdoors, and specific safety regulations that differ from a typical residence. The local zoning ordinance might classify a daycare center as a special use in a residential zone. This means the entrepreneur would need to apply for special permission, demonstrating how they plan to manage traffic, mitigate noise, and ensure safety, to gain approval.

  This illustrates a special use because the daycare is not a standard residential dwelling, but it could be compatible with the neighborhood if specific conditions (like operating hours, outdoor play area fencing, and parking provisions) are met and approved by the zoning board.

• Example 2: A Small Veterinary Clinic in a Commercial Retail Zone

  Consider a bustling downtown area primarily zoned for retail shops, restaurants, and offices. A veterinarian wishes to open a small clinic that offers pet examinations and minor procedures. While a clinic is a commercial enterprise, it differs from a typical retail store. It might have different parking needs (e.g., for clients bringing pets), specific waste disposal requirements, and potentially occasional noise from animals. The zoning ordinance might designate a veterinary clinic as a special use within this retail zone. The veterinarian would need to apply for special approval, detailing how the clinic will manage these unique aspects to ensure it integrates smoothly without disrupting the primary retail character of the district.

  This illustrates a special use because a veterinary clinic is not a standard retail establishment, but it could be allowed in a commercial zone if it meets specific criteria, such as soundproofing, waste management plans, and adequate parking, to ensure compatibility with neighboring businesses.

• Example 3: An Outdoor Event Venue on Agricultural Land

  In a rural area zoned for agricultural use, a farmer decides to diversify their income by hosting occasional weddings and large outdoor events on a portion of their expansive property. While the land's primary purpose remains farming, an event venue involves significant changes: increased vehicle traffic on rural roads, temporary structures, amplified music, and large gatherings of people, none of which are typical agricultural activities. The local zoning code would likely classify an event venue as a special use in an agricultural zone. The farmer would need to seek special permission, outlining plans for traffic management, noise control, waste disposal, and ensuring the events do not interfere with agricultural operations or negatively impact neighboring properties, before being allowed to proceed.

  This illustrates a special use because an event venue is not a standard agricultural activity, but it can be permitted on agricultural land if the unique impacts (like traffic, noise, and infrastructure) are addressed and approved through a conditional use permit.