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Thread: Differences in use by right and special use permits?

  1. #1
    Dec 2007
    Boone, NC

    Differences in use by right and special use permits?

    i know the difference, but what is so important about that?

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    Last edited by Gedunker; 04 Dec 2007 at 7:40 PM.

  2. #2
    Cyburbian Raf's avatar
    Feb 2007
    Playing at a movie theater near you
    Uses by right are ministerial acts in most states. Which means they do not need to be heard by a governing body. These uses should be automatically processed and in theory, should be done quickly and efficiently because it should already be consistent with the general plan, zoning ordinance, etc. Most citizens appreciate this.

    Conditional uses are approved by a governing body and should be taken with conditional of approval on a case by case basis because they may have a potential conflict with existing uses, traffic, environment etc. and you as a jurisdiction want an additional layer of review, or simply want to ensure the proposed uses are compatible with the neighborhood which may flux overtime. This is where a planning agency wants to guide development as much as possible for the best outcome for the good of a municipality.
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