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Within an ordinance is a list of land use designations commonly known as zoning. Each different type of zone has its own set of allowed uses. These are known as by-right uses. Then there is an extra set of uses known as special uses. To build a use that is listed as a special use, a special-use permit (or conditional-use permit) must be obtained.
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A planned unit development (PUD) is a type of flexible, non-Euclidean zoning device that redefines the land uses allowed within a stated land area. PUDs consist of unitary site plans that promote the creation of open spaces, mixed-use housing and land uses, environmental preservation and sustainability, and development flexibility. [1]
A use variance is a variance that authorizes a land use not normally permitted by the zoning ordinance. [2] Such a variance has much in common with a special-use permit (sometimes known as a conditional use permit). Some municipalities do not offer this process, opting to handle such situations under special use permits instead.
Aug. 9—WEBB CITY, Mo. — Tee Time LLC can move forward with filing a building permit for its golfing and entertainment site in Webb City after approval Monday of a special-use permit. The City ...
Dec. 17—The Honolulu Planning Commission has voted to adopt a state special-use permit to allow Kualoa Ranch Inc. to expand business operations at its Windward Oahu property.
Conditional zoning is a legislative process in which site-specific standards and conditions become part of the zoning ordinance at the request of the property owner. [64] The conditions may be more or less restrictive than the standard zoning. [64] Conditional zoning can be considered spot zoning and can be challenged on those grounds. [64]
Generally, zoning is a constitutional exercise of a state's police power [4] to protect public health, safety, and welfare. Therefore, spot zoning (or any zoning enactment) would be unconstitutional to the extent that it contradicts or fails to advance a legitimate public purpose, such as promotion of community welfare or protection of other properties.