Special Uses

[ajacks13]

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]

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]

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]

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.