Special Use Permit Duration

Asked June 19, 2020, 4:41 PM EDT

In our Zoning Ordinance, a Special Use Permit is "valid as long as the permitted use continues in accordance with the conditions, requirements and site plan included in said permit, unless otherwise stated in the SUP." My question is this: If an SUP is granted, and said use subsequently becomes a use by right due to a zoning district amendment, does the SUP dissolve by virtue of becoming unnecessary, or does the SUP continue until the use ceases because it is tied to the conditions outlined in the original SUP?

Eaton County Michigan

1 Response

Thanks for your inquiry. Typically, a special use permit terminates once the conditioned use becomes a permitted use due to a zoning amendment. Your local zoning ordinance and zoning administrator should provide guidance on the process for terminating a special use permit. The terms of the special use permit may also provide guidance on the steps to take. With many special use permits, performance guarantees or bonds may be held by the local government to ensure installation of items such as sidewalks, street trees and other site plan requirements. It is important for the local government to understand the agreements/requirements of said special use permit before it it terminated.