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Ordinance Amending the Land Development Code, Chapter 18, to Eliminate Special Use Permits and Replace with Conditional Zoning (LDC-7-425)
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Department:
Planning & Development
Meeting Date:
6/3/2025
Contact Name:
Brian Chambers
Public Hearing:
Yes
Contact Phone:
90.342.2782
Advertising Date/Advertised By:
5/23/2025 and 5/30/2025/StarNews
Attachments:
Case Summary; Benchmark review of local special use permit processes; Summary of existing special uses and use standards; Planning Commission Recommendation; Draft Planning Commission Minutes
PURPOSE:
The proposed amendment would remove special uses and the special use permit process from the Land Development Code (LDC) and require all special uses to be approved by conditional zoning.
BACKGROUND:
The LDC identifies whether a use is permitted by-right, with prescribed conditions, or by issuance of a special use permit within each zoning classification. Special use permits are required for uses that have unique characteristics that may have a negative impact on surrounding properties, typically commercial or institutional uses in predominantly residential areas. Examples of special uses include community centers, commercial parking lots, private recreation facilities, and group living facilities.
While special use permits are intended to provide flexibility to the Land Development Code, the nature of the evidentiary hearing prohibits interactions with elected officials, excludes most citizens from participating in the process, and places a financial burden on residents by requiring expert testimony for concerns related to traffic and property values. The proposed amendment would remove an unnecessary barrier for public participation by replacing the special use permit process with conditional zoning.
The Planning Commission held a public hearing regarding this land development code amendment on May 7, 2025. One person spoke in support of and one person spoke in opposition to the proposed cha...
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