The Difference Between Permitted vs. Conditional Zoning

The land or parcel you like seems to be filled with promise and a great place to see your plans come to fruition. However, zoning is a critical element that dictates how a property can be used, and therefore, it’s a vital part of your project that can’t be overlooked. Detailed planning involves first exploring information on what ventures are and are not appropriate for a given area.

It’s critical to understand the difference between permitted vs. conditional zoning. 

The extensive administrative journey to zoning approval can be frustrating and extremely time-consuming. That’s why you need an experienced team like Ballentine Associates in your corner. Since 1979, we have brought our scope of knowledge and experience to every project. But that’s only part of our story. It’s our dedication to integrity, high ethics and stellar customer service that truly set us apart. Want to learn more? We’d love to hear about your project.

In this article, we’ll take a closer look at permitted vs. conditional zoning, examine their differences and explain how Ballentine Associates can help you navigate the zoning process.  

What Is Considered Permitted Zoning?

Local governments, cities and counties use zoning systems to control how land is used.

In permitted zoning, certain types of uses are allowed in a particular zoning district. Because no special approval is needed, it’s often called “allowed by right” use. 

Some examples of permitted use can include:

• Retail in a commercial zone
• A warehouse in an industrial zone

Permitted use is fairly straightforward and direct, particularly when compared to conditional use zoning. 

In permitted use, the government has determined that these particular types of uses are appropriate for that zoning district. Therefore, there is no need for extensive debate. However, you still need to comply with ordinance requirements for parking, signage and other areas.

What Is Conditional Zoning?

If permitted use zoning is a general “yes” for a zone, then conditional zoning depends upon whether or not the local government will approve the use. You may also hear conditional zoning referred to as ”conditional use zoning”.

An example would be having a daycare center in what is zoned as a residential neighborhood, or a church in a commercial zone.

Because this use isn’t immediately permitted, it has to be carefully reviewed by the local government to ensure it won’t cause any issues at the location.

What Determines Whether a Conditional Zoning application Is Approved?

While a conditional zoning approval is never guaranteed, there is a procedure and method implemented when evaluating applications. Some questions that are considered include:

• Is the project compatible with what is already there? For example, they may not approve a brewery that wants to be placed next to an elementary school.
• Is the project consistent with long-term planning? Many cities and towns have extensive planning goals that include land development. In order to receive approval, your proposal should align with these.
• How will this impact traffic and parking? Sometimes, a traffic study is needed before approval is given.
• Will this cause excessive noise or additional nuisance? Governments carefully examine the impact businesses will have on nearby residents or businesses. This may include noises or odors.
• If a business is proposed, what will be the hours of operation? If your business will be open very late or very early, this will be carefully taken into consideration.

What Are Some Examples of Conditional Zoning?

An example of conditional zoning would be where a developer requests rezoning from residential to general commercial. The town approves it conditioned on: no fast food drive-throughs, a 50-foot buffer along the residential edge, brick façade requirements, and a shared access agreement limiting curb cuts on the main road. 

Another example is where a downtown parcel is rezoned for mixed-use conditioned on: ground-floor retail required (no residential on ground floor), parking deck contribution in lieu of surface parking, and a specific building height not to exceed 6 stories.

How We Help You Approach the Conditional Zoning Process

While we can’t guarantee that your conditional zoning application will be approved, we can provide guidance throughout the process. Some things that are important to the process include:

• Scheduling a pre-application meeting with the local planning department.
• Establishing healthy relationships with your neighbors and property owners. Their support can make a difference.
• Considering hiring a land use attorney.
• Being flexible, as you may have to accept some conditions.
• Attending the public hearing and being ready to answer questions professionally and courteously.

Ballentine Associates: Uncompromised Quality From Leading Experts

Whether you’re pursuing due diligence on a new site, working through a conditional zoning application, or need civil engineering and land surveying support, Ballentine Associates has contributed due diligence, land planning, civil engineering, and land surveying services to hundreds of projects, bringing your vision to life. 

We’d love to learn more about your project!

This article is for informational purposes only and does not constitute legal advice. Zoning regulations vary significantly by jurisdiction. Consult a licensed land use attorney or local planning professional for guidance specific to your situation.