Also known as: special use · special-use · special use permit
Written by attorneys · grounded in primary & secondary sources — see below
A category of conditionally permitted land uses under a zoning ordinance that may proceed only after discretionary review and approval by the zoning agency following a public hearing and a finding that the proposed use will not adversely affect the surrounding area.
Zenith Places purchased an old boarding house in a residential zone and applied for a special use permit to operate a group home for fifteen adults with intellectual disabilities. Neighbors submitted letters calling the prospective residents dangerous and unpredictable. The zoning board denied the permit after citing community opposition focused on the residents' disabilities rather than traffic or parking data.
Horizon Care applied for a special use permit to convert a vacant retail building into an assisted-living facility in a commercial zone. The planning commission held a public hearing and approved the permit after finding adequate parking and no adverse traffic impact on neighboring residences.
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Larkin Homes applied for a special use permit to operate a small group home for adults with intellectual disabilities in a single-family district. The city council denied the application after neighbors expressed fears that those people would wander the neighborhood and lower property values. Larkin Homes challenged the denial as resting on irrational prejudice.
Bright Start sought a special use permit to open a day-care center in a residential neighborhood. The zoning board approved the application after determining that the center would not increase noise or traffic beyond levels already permitted by the ordinance.
Anderson sought a special use permit to construct a commercial building in a mixed-use zone. The city planning commission denied the permit after determining that the proposed facade failed to meet subjective aesthetic guidelines. Anderson sued, claiming the denial lacked objective standards and was arbitrary.
Rational basis review applies because classifications involving intellectual disabilities are not suspect or quasi-suspect. Even under this deferential standard, the government may not act on bare prejudice or community animus. A denial that rests solely on fears about the residents' mental condition rather than legitimate land-use concerns violates equal protection.
No. Such letters reflect irrational prejudice rather than legitimate land-use concerns. When the record shows the denial was driven by stereotypes about the residents' disabilities and the proposal otherwise meets neutral zoning criteria, the action fails rational basis review.
…Living Center, supra , we held that it was irrational for a State to require a home for the mentally disabled to obtain a special use permit when other residences—like fraternity houses and apartment buildings—did not have to obtain such a permit. And in Romer v. Evans , we disallowed a state statute that "impos[ed] a broad and…