A conditional use permit generally grants permission to a property owner to make a specific use of land that does not otherwise conform to local zoning regulations. Some states and localities allow other uses of private property such as operation of a mobile home park through the issuance of conditional use permits.
Usually a city or county zoning board, planning commissioner or zoning administrator accepts applications for conditional use permits. The exact process for consideration of applications is different depending on the locality and its specific ordinance requirement. Often the property owner has to present their argument both orally and in document form.
The property owner is required to explain the non-conforming use they wish to make of their property and why an exception to local zoning regulations should be made in their case. It is usually important for the property owner to make a persuasive argument that allowing the non-conforming, conditional use would not have a negative effect on other properties in the areas.
What Are the Different Types of Conditional Use Permits?
There are a few different types of conditional use permits of which a property owner should be aware as follows:
- Second Dwelling Unit Permit;
- “Granny Unit” Permit;
- Mobile Home Park Unit Permit.
Often, owners of property that is zoned for single-family residential use want to build an additional dwelling unit on their property, either connected to the existing residence or as a separate structure. They may want the unit for a family member or as a rental unit.
Traditionally, a conditional use permit for these purposes has been difficult to obtain. However, the current housing shortage in the U.S. has led many localities to change zoning laws, so that property owners can more easily obtain permission to erect second residential units on properties zoned for single-family residences.
For example, in California a new law has taken effect that allows a property owner to divide a lot zoned as single-family residential into two lots. The owner would be able to add a second dwelling unit to their lot or split their lot into two and construct duplex residences on each. Potentially a property owner could have as many as four housing units on a property currently limited to a single-family residence.
The new law changes current zoning policy which permits only two dwelling units on a property zoned for a single-family residence, one stand-alone house and one accessory dwelling unit or a junior unit no larger than 500 square feet attached to the single-family residence.
This new state law requires cities and counties in California to approve development proposals that meet specified size and design standards. The law is similar to many that are being adopted by states and localities in areas of the U.S. where there is a significantly inadequate housing supply.
What Is a Second Dwelling Unit Permit?
A city, country or state might give a homeowner a permit that allows them to erect a second residential unit on their lot under certain conditions. The conditions may vary in different cities and counties.
Generally, however, the conditions would be something similar to the following:
- The second unit would not be sold but could be rented out;
- The lot for the second unit is currently zoned for single or multi-family residential use;
- A single family dwelling already stands on the lot;
- The second unit is going to be either attached to the existing dwelling, located within the living area of the existing dwelling or detached from the existing dwelling but located on the same lot;
- The floor area of the attached second unit may not exceed a total of 30 percent of the floor area of the existing unit;
- The floor area of the detached second unit may not exceed 1,200 square feet;
- All other applicable zoning requirements must be met such as height, fees, and charges;
- The second unit must meet all local building code requirements;
- If a private sewage disposal system is in place, a local health officer must approve its status.
Various localities may have additional or different requirements. For example, the Community Development Department of San Joaquin County in California requires that there be no more than one existing single family residence on the property before a second unit is added. It further requires that the property owner occupy one of the two dwellings on the property for at least 90 or more days per year.
A person who wants to add a second dwelling to their property needs to consult their local zoning authority. Requirements are probably available on the local authority’s website.
What Is a “Granny Unit” Permit?
“Granny units” are another kind of second dwelling unit that city and county governments may allow a property owner to construct on their property with one additional, significant requirement: The property owner must intend for the second dwelling to be occupied by an adult who is aged 62 or older. The idea is that the structure is intended for occupation by an elderly family member, the property owner’s elderly parent or an in-law. Additional rules governing attached and detached dwelling units apply as well and must be met before an application for a “granny unit” permit would be approved.
What Is a Mobile Home Park Unit Permit?
A mobile home park unit permit is only granted on land currently zoned for residential land use.
States, counties and municipalities all may have laws that regulate the construction and operation of mobile home parks.
For example, in California all residences in a mobile home park start with a type of conditional use permit. This permit specifies all of the standards and requirements necessary to construct and maintain a mobile home park for the rental of residential mobile homes.
The California Mobilehome Parks Act applies to the construction, use, maintenance, and occupancy of mobile home parks and the lots within a mobile home park, as well as permanent buildings, accessory buildings and structures that are erected within a mobile home park.
The provisions shall also apply to the use, maintenance and occupancy of mobile homes and recreational vehicles and the installation for supplying fuel gas, water, electricity and the disposal of sewage from accessory structures and mobile homes wherever they are located. The regulations apply both within and outside of mobile home parks in all parts of California.
If the denial of a mobile home park unit permit results in a mobile home park closing, the government is likely to step in to alleviate the harmful effects of the closure by providing alternate housing or funds for residents of the mobile home park to find alternative housing.
Do I Need a Lawyer to Obtain a Permit?
A city, county or state may adopt zoning and land use regulations that apply to your property. Local regulations may require a public hearing to obtain a conditional use permit. An application containing a detailed description of your situation along with an argument that embraces both your unique facts and the local law may be needed.
An experienced real estate lawyer can also help you make a decision about the land use or zoning options available to you. Your lawyer is able to give you the necessary information about what local zoning laws and ordinances allow and what they do not. They can prepare necessary applications correctly and represent you at any required hearings before zoning boards to make the best case for your application.
