What is a Conditional Use Permit?

Welcome to my channel and in today’s video, I am going to answer the question "What is a Conditional Use Permit?".

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Each week, I answer questions asked by our viewers on topics pertaining to commercial real estate. If you're interested in having your question answered, feel free to email me.
▶️ raphael@grisantigroup.com
▶ With the subject line of "Weekly CRE Question"

In this video, I explain what a conditional use permit is and the process of securing one in your community.

A Conditional use permit allows you to perform a certain function on site that may not be typically allowed based on the current zoning.

For example, if your property is zoned residential and you want to operate an accounting business, you can seek a conditional use permit.

If you’re a restaurant owner who’s zoning doesn’t allow outdoor alcohol sales, you can seek a conditional use permit to do this.

The reason seeking a conditional use permit is beneficial is because it's much less expensive and typically has a shorter timeframe than rezoning.

The process of securing a conditional use permit will vary depending on what municipality you’re in.

In some jurisdiction’s metro council, the mayor or a separate zoning board may have the final say.

Therefore, go to your local metro goverment office to inquire about the process.

In Louisville, we have an entity known as the “Board of Zoning and Adjustment” who issues conditional use permits.

The process starts with someone applying and requesting a public hearing for the change.

Neighbors will be notified of the hearing and will have an opportunity to be present.

During the hearing, the property owner can present their case and B.O.Z.A members, as well as members of the general public, have a chance to ask questions and address any concerns.

Once the hearing is complete, the board will vote on whether to approve the conditional use.

If your application is approved, you can operate the business on site and the conditional use permit will travel with the property.

Because this is such a complex process and conditional uses are not guaranteed, I highly encourage you to seek the services of a commercial real estate attorney.

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