Special Use Permit

A special use permit (SUP) is required for a use permitted in a particular zoning district which must meet certain standards for the design or operation. There are many types of special use permits, each with their own standards. For example, drive-throughs, accessory dwelling units, major home occupations, etc. follow this process. Approval of a special use is made by either the Planning and Zoning Commission. In some cases, the Zoning Administrator may be authorized to approve.

A Special Use Permit may only be initiated by a property owner.

References:

Consider before you begin:

  • A site plan, certificate of occupancy, or building permit will not be issued until approval of a special use permit. However, these processes may be initiated in advance of approval to expedite the process, at the applicants own risk.
  • All special use permits include a public hearing with notification to surrounding neighbors. Applicants are encouraged to initiate communications with nearby property owners at early stages to assure mutual understanding.
  • A special use permit must be put into use within 24 months of approval. If a previously approved special use permit is not put into use within 24 months, a new application request for approval of a special use permit will be required if the applicant still wishes to implement the use at that location.
  • The Planning and Zoning Commission may include additional conditions or restrictions on the special use permit during the approval process.
  • Special Use Permits run with the land and do not expire, unless otherwise modified by a special condition.

Process Steps:

  • Pre-Application (optional). Applicant may request an optional pre-application meeting or inquire with staff prior to applying. This is encouraged for technically complex projects.

Planning and Zoning Commission Application Timeline

  • Submit Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments. See this year's Meeting Schedule and Application Deadlines.
  • Staff Review: City staff review the request according to the Comprehensive Plan, ordinance, and policies. All review comments are posted using TRAKiT and can be viewed and responded to.
  • Development Review Meeting. The request will be included on the next available Development Review Meeting agenda. A few days prior to the meeting, staff comments will be compiled and distributed to applicants and reviewers. Applicant’s consultants are invited to attend this virtual meeting to discuss the project and respond to comments. The group decides by consensus whether to proceed to the next step or hold a month for further revisions.
  • Public Notification. The Planning Division publishes two legal advertisements in the Bismarck Tribune and sends letters to nearby property owners notifying of a public hearing.
  • Planning and Zoning Commission Public Hearing. A staff report is released the week prior on the agenda center, and the Planning and Zoning Commission considers the request during their regular agenda. Planning staff presents to the Planning and Zoning Commission, including the staff recommendation, and the Chair will open a public hearing. Traditionally, the applicant or a representative is afforded an opportunity to address the Commission first and may respond to any questions from the Commission throughout the hearing. The Planning and Zoning Commission is the final authority on special use permits and may approve, deny, or continue the request.
  • Administrative Finalization. City staff prepare a final signed resolution to reflect the special use permit. The applicant will receive a copy of the final resolution and an approval letter. The permit takes effect immediately and other necessary permits may be issued.  Special use permits are not recorded.

Submittal Requirements

  • Unified Development application signed by each property owner within the effected area
  • Application fee. (See fee schedule (pdf))
  • Written statement or revised site exhibit/architectural drawings explaining the requested amendment.

Apply

Initiate an inquiry, submit a scoping request, or file an application for a special use permit or any combination of project types.