Legal Definitions - special permit

A special permit, also known as a special-use permit, is a permission granted by a zoning board to use a property in a way that is considered a special exception in a zoning ordinance. This means that the property owner can use their land in a way that is not typically allowed under the zoning laws.

For example, if a property is zoned for residential use only, but the owner wants to open a daycare center on the property, they would need to apply for a special permit. The zoning board would review the application and determine if the daycare center would be an appropriate use for the property.

A special-use permit is different from a variance, which is permission to violate a zoning ordinance. A special permit is a permitted exception to the zoning laws.

Other examples of uses that may require a special permit include building a church in a residential area, operating a bed and breakfast in a residential area, or opening a restaurant in a commercial area.