Hi my name is Dan Dalton and I'm a religious land use attorney in Detroit Michigan
with the firm of Dalton and Tomich. Today we're going to address one of the
most commonly asked questions from clients whether they be churches a
mosque temples or synagogues... what is a conditional use permit? Under your zoning
code you generally have uses that are permitted as of right, the uses that
are conditional uses or you have uses that are not permitted uses. The
uses as of right is a simple one. That's those uses that are
directly permitted under the zoning code so you don't need any special approval
for those uses. So if your zoning code allows in your district for churches or
for schools or cemeteries or campgrounds you can go ahead and build one right in
that area. No permissions needed. What's an excluded use? That's very
simple as well. In your zoning code if it says you cannot have these types of uses
those are specifically excluded so if it says no churches mosques temples in the
zoning area you can't have it. What can you do if you have an excluded use? Well
in those cases the only thing you can do is you can apply to the City Council or
the county board to change the zoning code to change those from excluding use
to a permitted use or conditional use. So the big question you've been wondering
about is what is the conditional use? A conditional use is a zoning use that is
permitted within a zoning district but you have to get conditional approval
from your Planning Commission. So what does that mean? What that means is for
example if you have a residential district that allows houses as of right
it may allow churches in a zoning district as well but those churches or
temples or mosque can only be permitted if certain conditions attached to those
that use is met by that church temple mosque synagogue religious use. So that
might be it has to be off on a main road or it may have to have a hundred foot
setback from a main road or it might have to have sufficient parking or it
may not be permitted next to single-family areas but only that's next
to multi-family area. Those are conditional uses. In addition
to that the Planning Commission can make uses that apply specific to your
property in conditional use approval. So they may say you have to put up lights
in the parking lot but those lights have to go off at 11:00 p.m. or they may say
you can't have bells outside and you can have noise emanating from the building
but you cannot have outdoor concerts unless you have approval from us first.
Or you can have landscaping that in front but it can't block the driveway
for safety reasons. Those are conditional uses meaning conditions placed on the
use to allow your religious entity to develop a land within a particular
zoning district. So if you have more questions about conditional use permits
or any permits under the local zoning code that you're dealing with feel free
to contact me or check out our resource page at attorneysforlanduse.com.
Thank you for watching.
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