What is the difference between a special use permit and a conditional use permit?

The main difference between a special use permit and a conditional use permit under North Carolina land use law is the amount of discretion each type of permit allows a local government. A special use permit allows a local government to use its discretion if there are any potential negative impacts to a local community that may result from the proposed use. The local government can place conditions on the use of the land to address any potential concerns. A conditional use permit, on the other hand, is more restrictive in nature and gives local governments much less discretion to consider any potential negative impacts. Under this type of permit, the local government must grant approval of the use as long as it meets the stated conditions in the permit. These conditions are often very specific and can include requirements such as building height restrictions, set-back requirements, and parking lot size restrictions. Overall, a special use permit allows a local government more flexibility to consider potential impacts before granting approval for a proposed land use, while a conditional use permit is restrictive and provides the local government with limited discretion.

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