Special Use Permit

The Zoning Board of Adjustment (ZBA) has the authority to approve Special Use Permits for certain uses per DeWitt's Zoning Regulations.  The most typical Special Uses applied for  include a permit to operate certain businesses in a residential zone, or to permit a single family home in a commercial zone (C-1 or C-2).   The Special Use process is a quasi-judicial process and the ZBA must hold a public hearing at one of their regular meetings prior to considering an application for a Special Use Permit.  The City must publish a public notice of the hearing in the DeWitt Observer at least 10, but no more than 20 days prior to the ZBA meeting at which the hearing will be held.  To apply for a Special Use Permit the petitioner must fill out the a Special Use Permit Form (link below) and submit the form and $100 to the City.  The Zoning Board of Adjustment hold their meetings on the 3rd Tuesday of each month.  Applications for the Special Permit must be received no later than the 3rd of a month to be on that month's meeting agenda (for example to have an application on a meeting scheduled for September 16th the application must be submitted to the City by September 3rd).  If you have questions regarding Special Use Permits please call the Building Official TJ Appleby or City Administrator Steve Lindner at 563-659-3811.  Below are the criteria the ZBA is to use to judge a a Special Use request.  The ZBA can deny the request.

Special Use, Appeals, & Variances

165.80.50    Determinations

In considering all appeals, special uses and any proposed exception or variance to this Chapter, the Board, before making any decision in a specific case, shall first determine:

  1. That the granting of the request will not permit any use in any district which would be in conflict with the permitted uses of such district under the terms of this Chapter.
  2. That it will not impair an adequate supply of light and air to adjacent property.
  3. That it will not unreasonably increase the congestion in public streets.
  4. That it will not increase the danger or fire or of the public safety.
  5. That it will not unreasonably diminish or impair established property values within the surrounding area.
  6. That it will not in any other respect impair the public health, comfort, safety, morals or welfare of the inhabitants of the City.