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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.
A company hoping to build a solar farm in Frankford is suing the Sussex County Council after they denied an application for a conditional use permit.
Dec. 8—In Monday's commission study session, one agenda item focused on proposing an ordinance to amend Section 9-3 and Table 9-1 of the city's zoning regulations to remove the option of a ...
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.
[1]: 27 Conditional use district zoning was a complex combination of legislative and quasi-judicial processes. [6] Effective January 1, 2021, existing conditional-use districts became legislative conditional zoning and conditional-use permits became quasi-judicial special-use permits. [1]: 28
Interfaith Sanctuary says they plan to appeal to Boise City Council in March to ask for approval on their conditional use permit.
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.
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]