A use permit enables property owners and land developers to build on, use, and manage land in ways not generally permitted by the property’s zoning requirements. It authorizes the use of property for specific circumstances outside of usual requirements.
There are both major use and minor use permits, and minor use permits are less expensive, are expected to have less impact on the public, and therefore do not require a public hearing in front of the Planning Commission. Major use permits are larger issues that must be handled by the Planning Commission, and residents within a certain distance of the property in question must be notified. Obtaining these permits can become a complex process and can require significant planning and documentation prior to filing. A land use attorney with experience in major use permits is an exceptional asset when outlining your plans, determining your property’s requirements, and obtaining the permits and entitlements you need.
Major use permits require a significant amount of information, documentation, and planning. At Blake & Ayaz, we aid individual and business clients in managing their land use and zoning issues, including applying for major use permits. We have worked for more than 60 combined years in business and land use law, and we can use our knowledge to help you with the legal and administrative intricacies of your land use issues.
By working with an experienced attorney, you can focus on other important parts of your project. We can keep you informed about the regulations and requirements of your type of property and guide you through the processes available to you. It can often be tedious to gather the essential information about your property, and filing incorrectly can create unnecessary setbacks in your plans. A land use attorney is well-versed in the state and local legal guidelines. We have experience with land use and zoning variance, appealing zoning decisions, land use entitlements, and helping property owners avoid and fight against zoning violations. Let us help you protect your property rights.
A major use permit is a type of discretionary permit necessary when a property owner wishes to use their property in a way outside of typical zoning regulations. A major use permit is necessary if a building project or use of land has:
The City Planning Commission has authority over major use permits, their approval or denial, the modifications of their conditions, and renewing or extending their period of validity.
A major use permit is the first step to enable approval of certain zoning and land use variances, and specific zoning types of land require major use permits for operation. Whether or not your property requires a major use or minor use permit will rely on the local zoning ordinance and specific requirements and regulations on your type of property. A major use permits attorney can help you understand the unique requirements that apply to you, your business, and your real estate or land.
A property owner should first determine the costs of a major use permit and know if it is required for their property needs. An attorney can help you with this process and with each step while filing and attending hearings. The main steps to submit an application for a major use permit are:
When drafting and filing the application for a major use permit, a significant amount of information about the property and any proposed use is required:
These documents are provided to the relevant authorities, generally the city or county’s Planning Commission. The applicant will receive a letter that states if there is enough information in the filing. If the application was incomplete, the letter lists the issues with it, the additional information needed, and the regulations necessary for the project. In most counties, this letter must be sent within 30 days of the application being filed.
The exact requirements for a site plan depend on the county you are filing in, the type of application you are submitting, and the specific proposed use of the property. It may include:
An attorney can review what information is relevant to your property. Land use attorneys can also have resources and connections to professionals if a site plan for your property needs to be made.
The Planning Commission looks at several factors when determining if a major use permit will be approved or not. Each county has different regulations. Generally, for an approval, the commission must find the following to be true:
This is all information to consider when creating an application for a major use permit. All relevant requirements should be addressed in the application to ensure the Planning Commission has all the necessary information to approve or deny the request.
The Planning Commission may deny any request for a major use permit that doesn’t meet the requirements of the county or city. The commission may also reply to the permit with certain reasonable conditions, such as specific changes to street management, drainage safety, or timelines in which the project is completed. These requirements can be addressed and resolved before proceedings to a public hearing.
For major use permits, a public hearing is held and advertised to all individuals that the property affects. Every person who owns property and lives within 300 to 700 feet of the exterior borders of the property in question should be notified of the public hearing. The Planning Commission holds the hearing to determine if the major use permit is granted or denied. The Planning Commission’s decision, following the public hearing, is final once the appeal period has ended with no appeals made.
It’s possible to file for a major use permit without professional assistance, but it is a complicated process that can be a burden on both individuals and businesses. There is a significant amount of paperwork and documentation required to file for a major use permit, and it can be hard to manage it all.
Additionally, your property and zoning use of that property is unique and may have different zoning and land use laws than are typical. It can be hard to navigate the legal and bureaucratic information about land use, but an attorney has done this before. They have experience filing these requests. A land use attorney has resources that can help in gathering required documents and help you file your application efficiently.
The attorneys at Blake & Ayaz want to manage the complex requirements of a major use permit application so you can focus on your business or other plans for your property. We help you to understand the process and know what other legal options you may have to manage your land the way you want to. If you are applying for a permit or want to appeal a decision made regarding a permit, contact our team.