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Special Exceptions, Conditional Use Permits, Special Use Permits & Sprawl

A land use requiring a special exception, conditional use permit, or special use permit is one which is generally compatible with other activities permitted within a given zoning district. However, local zoning ordinances will usually impose additional requirements to ensure compatibility with homes, schools, and other uses allowed in the district.  These three permits (special exception, conditional use, and special use) are closely related.

Far too many zoning ordinances allow uses as a special exception even though compatibility is extremely unlikely. For example, it is not uncommon for landfills to be permitted as a special exception use. As a result, landfills are approved in close proximity to neighborhoods even though they are clearly incompatible. Deplorable situations, such as this, result from the extraordinary impact test applied to the approval of special exceptions in many areas. To deny a special exception the decision-making body must find that the impact of the use is significantly greater at the proposed site when compared to all other similarly zoned lands in the jurisdiction.

If you are concerned about a special exception use proposed for your area, then contact us at 1-800-773-4571 or send us an e-mail. We can help you determine if the project will cause a significant impact and, if so, help you find a strategy for ensuring that the project is not approved until all potential adverse effects have been resolved.

CEDS exists solely to help citizens win land development issues. Because of this specialization, we can pull together a top-notch team of leading experts to quickly analyze your situation and develop the easiest, least expensive strategy for success. Our strategies employ an aggressive approach on multiple fronts: legal, technical, and political. Because of this unique approach our clients win 75% of their cases vs. the much lower success rate typical of more conventional campaign strategies. And our victories come at a fraction of the cost.

Our approach to winning land use and environmental cases is described in a book which can be downloaded free by clicking on the following title: How To Win Land Development Issues: A Citizens Guide To Preserving & Enhancing Quality of Life in Developing Areas.




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