Special Use Approval

While researching potential properties, you may come across some that require Special Use Approval for a particular activity.  These “special uses” are listed in the Zoning Use Tables and Art Uses Charts as “S”. 

To get a Special Use approved, the process begins when you file a Special Use Application with the Zoning Board of Appeals.  Special Use applications are forwarded to the Department of Planning and Development (DPD), which  looks at the intended use of the property to determine whether it will be compatible with the surrounding businesses and neighborhood.

After reviewing the application, DPD will make a recommendation to the Zoning Board of Appeals, which will hold a public hearing to hear testimony on whether the special use should be granted.  The Zoning Board of Appeals (ZBA) is the final decision-making body on Special Use applications. A concurring vote of 3 out of 5 ZBA members is necessary to approve a Special Use application. 

Click here to see an illustration of how the application process works. (insert hyperlink)

Minor waivers of zoning requirements can also be considered by the Zoning Administrator in the Department of Zoning. These are called administrative adjustments and may include a variety of items such as reducing the parking requirements in a particular area.

In order for a Special Use application to be approved, the intended use of the space must meet the following criteria:

• Complies with all applicable standards of the Zoning Ordinance;
  
• The use is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of the neighborhood or community;
  
• The use is compatible with the character of the surrounding area in terms of site planning, building scale and project design;
  
• The use is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and
  
• The use is designed to promote pedestrian safety and comfort.

The process takes approximately 90 days.  If you have not heard back from the Zoning Board of Appeals after 120 days, you can consider your request for Special Use to have been approved.  This is provided you have not requested a delayed response from the Board.  Special Use Approval is valid for only 12 months.  This means that you must begin the activity for which you have sought approval within 12 months after approval has been granted. Failure to begin the activity in the allotted time will result in the approval being null and void.  In addition, Special Use Approval can be discontinued if the space is not used for the approved purpose for a period of 6 continuous months.