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Zoning Under Non-Conforming Use and Special Use Permits

Zoning laws are generally set by local governments and establish permissible uses for properties within certain areas. However, the zoning rules for a particular area change over time as an area evolves. When this occurs, properties may be permitted to continue to persist in a behavior or activity they were doing prior to the zoning change or properties may be permitted to maintain their existing structure even if it would not currently be permitted. This is referred to as a “non-conforming use” since the property is legally permitted to be used for something that would not be permitted under current zoning regulations or to exist in a manner that would not otherwise be permitted.

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Continuing Non-Conforming Property Status Protection in the Local Zoning Ordinance

A non-conforming business may sometimes continue to operate after zoning laws change to make it illegal to do so, however, any business operating a non-conforming use should be sure to receive approval for their continued operation. It is not uncommon that a jurisdiction opt to allow a single owner to continue a non-conforming use until that owner has been replaced or the business has shut down.

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A Conditional Use Permit for a Specific Use of Land

A conditional use permit is a zoning exception that allows a property owner to use their land in a manner not otherwise permitted by zoning law. Obtaining a conditional use permit differs across cities, but will generally require a property owner to explain what non-conforming use they intend, why they should be allowed the exception to zoning, and why granting the permit will not negatively effect the surrounding properties.

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Special Use Permit for Property

A special use permit allows a landowner to obtain a tract of land for a use that doesn’t fall directly under the permitted usage for that specifically zoned area. Some examples of special uses include schools, funeral homes, hospitals, cemeteries, and other types of land-uses that don’t fit into the description of residential or commercial uses.

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