Property owners, developers, and retailers pursuing certain uses of their property must first obtain Conditional Use approval (referred to as a special exception in certain jurisdictions). A Conditional Use is a pre-identified use that is permitted in a given zone only upon satisfaction of specified conditions set forth in the Zoning Ordinance.
Lerch Early land use attorneys have pursued Conditional Use approvals for a wide array of uses, including hospitals, assisted living facilities, day care centers, private schools, quick service restaurants, and gas stations. The quasi-judicial nature of the Conditional Use process requires our attorneys to lead the development team through a detailed evidentiary hearing, involving witness preparation, document preparation, and legal argument. The process is designed to provide interested parties ample opportunity to participate in the process. As a result, early outreach to neighboring property owners and potential opponents is critical, and Lerch Early's collaborative approach has proved beneficial in obtaining successful outcomes.