Some permit approvals run with the deed, while others expire

Two permit types

Each municipality has the ability to establish different types of permits, such as: special permits, conditional permits, use permits, building permits, sign permits, operational permits or just about any kind of permit someone could think of.

These different permits are usually identified within the local Zoning Ordinance, if the municipality has a Zoning Ordinance.

If they do not, usually they will have various “local laws” that accomplish the same thing.

The Town of Webb does have a Zoning Ordinance that spells out all the different permits and procedures.

The Zoning Ordinance is a local law by itself.

The town has a host of other local laws as well.

Currently, a comprehensive process is underway to codify all the local laws, along with the Zoning Ordinance, into one consolidated book.

This new book will be properly indexed; will have a table of contents, and give the historical aspect of each section.

This process has proven to be a daunting task and thus, painfully slow.

However, when done it will provide a reference tool for the town, builders, developers, property owners, business owners and applicants alike.

Not to mention the ease of use it will bring for town officials and board members.

Back to the whole idea of approvals and permits.

The Code Office has the ability to grant standard permits. The difference between a standard permit and a conditional permit is clearly spelled out in the Zoning Ordinance.

A standard permit covers things like building permits for projects that will comply with all the dimensional setbacks, area criteria, height restrictions, size or density requirements.

If the project complies with the Zoning regs, a standard building permit can be issued.

A conditional permit involves an application for a new or altered commercial activity.

Certain residential projects may be subject to a conditional permit as well.

Things like the expansion or replacement of old grandfathered structures is common.

This is a very brief description of grandfathering and it should be noted that a conditional permit application would not include a project making the non-conforming issue more non-conforming.

That’s the actual language, it’s not double talk.

A conditional use permit process assumes that the proposed project may, or may not, be appropriate in all situations.

Thus, rises to a higher level of oversight in front of the Planning Board and the need for potential public input through the scheduling of a “public hearing” accordingly.

A building permit has a built-in time frame and will expire in one year. They can always be renewed, and often are.

However, a conditional use permit will run with the deed forever.

The Planning Board may attach reasonable conditions to their approval, which could include some sort of time frame or expiration.

But without any such restriction, a conditional use permit is valid without expiration.

The very name of a conditional use permit speaks to the use and not to the owner or operator.

As different businesses come and go, or get sold and purchased, if the use stays the same, no new conditional use permit is required.

Who is operating the use does not matter.

The new operators/ owners would be subject to all the terms and restrictions spelled out in the Zoning Ordinance or the original conditional use permit itself.

Examples would be a restaurant is sold, and the new owners just carry on the same business, there should be no need to appear before the Planning Board seeking a new conditional use permit.

Maybe the signs might change, and would require a sign permit, but the use itself stays as it is.

Or maybe someone is buying an existing retail store and the new owners want to expand, or divide the space into additional new stores.

This would need to come back to the Planning Board for a new, or amended conditional use permit.

If there is no change to the use and activities, other than ownership and there were no conditions relative to the ownership, no new conditional use permit required.

Someday when the Town’s Local Laws are codified and printed professionally, and put up on-line, you can read all this stuff yourself.

Knowledge and understanding makes for smooth transitions.