• Ongoing coronavirus / COVID-19 discussion: how is the pandemic affecting your community, workplace, and wellness? 🦠

    Working from home? So are we. Come join us! Cyburbia is a friendly big tent, where we share our experiences and thoughts about urban planning practice, planning adjacent topics, and whatever else comes to mind. No ads, no spam, no social distancing.

Special Uses

ajacks13

Cyburbian
Messages
20
Points
2
Does anyone know of specific language within a zoning ordinance that sets an expiration date or susnet provision for a special use? We are thinking of adding language to our ordinance that would call for a special use to expire if it has not been used as such for a specified period of time - probably five years. Currently, if someone is approved for a special use, it is allowed to continue at that property indefinitely.
 

SW MI Planner

Cyburbian
Messages
3,194
Points
26
Here's what our's says....

(c) Time Limitations. Any property which is the subject of a special use permit which has not been used for a period of twelve months (without just cause being shown which is beyond the control of the owner and which is acceptable to the Planning Commission for the purposes for which such special use was granted) shall thereafter be required to be used for only permissible uses set forth in the particular zoning classification and the permit for such special use shall thereupon terminate. This time limitation shall not apply to second and subsequent phases of a development which is part of a comprehensive plan as provided for in subsection (d) hereof.

Hope that helps!
 

ajacks13

Cyburbian
Messages
20
Points
2
Thanks!

I'll pass this along - our ZBA has reservations about utilizing a short time frame (a year) due to the inevitable obstacles that impact the success and viability of a retail use. Regardless, this type of language is exactly what we were thinking of. We just wondered if other municipalities had similar provisions.
 

mike gurnee

Cyburbian
Messages
3,066
Points
31
By our code, we review all special uses every 2 years (or upon a complaint) to ascertain that all conditions are being met. It takes a hearing to revoke one, however.
 
Top