Urban planning community

+ Reply to thread
Results 1 to 3 of 3

Thread: Special use permit approvals

  1. #1
    Cyburbian SW MI Planner's avatar
    Registered
    Feb 2002
    Location
    Michigan
    Posts
    3,173

    Special use permit approvals

    It has always been my understanding that special use permit approvals run with the property owner, as opposed to a variance that runs with the land. Meaning if the property owner sells the property, the new property owner would have to reapply for the SUP. Whereas a variance is forever basically.

    I can't find this in statute, and its not in our local ordinance. But, is this how it works, and does it have to be in ordinance to hold true?

    Thanks!

  2. #2
    Cyburbian Planit's avatar
    Registered
    Mar 2005
    Location
    In a 480 square foot ex baseball nacho stand
    Posts
    7,319
    I've always understood the the special use permit runs with the property as long as the development plan (SUP) does not change. If that plan has any revisions, then a new SUP is required. We have development contracts associated with SUPs and if the owners changed, we had the new owners sign a new development contract saying they are the new owners and are responsible for building to that plan as submitted by ........, but the plan / permit stays in place.
    "Whatever beer I'm drinking, is better than the one I'm not." DMLW
    "Budweiser sells a product they reflectively insist on calling beer." John Oliver

  3. #3
    Unfrozen Caveman Planner mendelman's avatar
    Registered
    May 2003
    Location
    Staff meeting
    Posts
    8,329
    Quote Originally posted by Planit
    I've always understood the the special use permit runs with the property as long as the development plan (SUP) does not change. If that plan has any revisions, then a new SUP is required. We have development contracts associated with SUPs and if the owners changed, we had the new owners sign a new development contract saying they are the new owners and are responsible for building to that plan as submitted by ........, but the plan / permit stays in place.
    We do pretty much the same. As long as the new owner follows the details of the approved special use approval, then it's ok. Otherwise, one can be flooded with special use petitions, especially if all resaturants are considered special uses, as they are in my code.
    I'm sorry. Is my bias showing?

    Let's not be didactic in this profession, because that is a path to disillusion and irrelevancy.

    Six seasons and a movie!

+ Reply to thread

More at Cyburbia

  1. Replies: 0
    Last post: 28 Sep 2007, 5:05 PM
  2. Replies: 8
    Last post: 02 Jun 2006, 8:08 PM
  3. Replies: 8
    Last post: 16 May 2006, 5:23 PM
  4. Special Use Permit question
    Land Use and Zoning
    Replies: 9
    Last post: 19 Apr 2004, 10:12 AM