When a developer wants to start construction on a tract of land, they’re bound by the zoning laws in that particular municipality. Zoning laws are designed to specify how land can be used, whether that means keeping bars and nightclubs far away from elementary schools, or ensuring a mini-mall can’t be built in a residential neighborhood. One type of zoning is called “conditional use,” and this element of land planning in Idaho allows developers to use the property in a way that isn’t typically permitted in the area—but only if they meet certain requirements.
How zoning protects communities
You wouldn’t want an industrial facility next door to your single-family home, which is what zoning seeks to prevent. Specific zoning laws depend on the size and location of the city (for example, larger cities often have more flexible zoning to account for population density). Zoning laws seek to develop communities in smart ways, taking into account not only the types of building and their potential uses, but how they might impact citizens of different socioeconomic, ethnic and cultural backgrounds, too.
Conditional use zoning
Conditional use zoning balances community concerns—such as preventing building an industrial facility next to single-family homes in a residential neighborhood—along with land use and value factors. For example, if a developer owns a plot of land within a suburban neighborhood, which is zoned for residential buildings, they wouldn’t be able to build a retail complex on the land. However, when conditional zoning is available, the developer can make a case that their project should be exempted. The planning department has some flexibility in determining whether the project can be green-lighted.
Developers who seek a conditional use permit will make the argument that their project should be allowed because it will not negatively impact the land value or use and enjoyment of the surrounding areas. For example, a church in a residential neighborhood may add more traffic, but it’s not likely to impact a suburban neighborhood in any lasting negative ways. Similarly, developers can argue that commercial developments may actually add value to the neighboring land, given the increased access to food, entertainment, shopping and other opportunities that will attract more buyers and make surrounding properties more desirable.
Petitioning for conditional use zoning requires the developer to submit a detailed plan showing both the positive and negative effects (in addition to any mitigating factors they can provide) and answering the committee’s—and the public’s—questions. If the conditional use permit is denied, most municipalities have a system in place that allows appeals.
Land planning in Idaho
When it comes to your land planning needs in Idaho and southeast Oregon, Mason & Associates is your premier civil engineering and surveying firm. We are available to assist you throughout your next development project, whether you need surveys or designs. Our team can help navigate your city’s or county’s zoning laws—call us today to find out what we can do for you. We look forward to working with you soon!