Beneficial Use Determination
The intent of the Town is that every landowner in the Town enjoy an economically beneficial use of their land. The procedures set forth in this section are intended to permit landowners who believe they have been deprived of economically beneficial use of their land to apply to the Town for relief from application of these land development regulations (LDRs) sufficient to provide an economically beneficial use of the land.
When Is This Required?
If a landowner is of the opinion that the decisions on the appropriate physical development, use, development option, or subdivision applications has denied an economically beneficial use of that landowner’s land, then the landowner may seek a beneficial use determination, pursuant to Section 8.8.4, prior to seeking relief from the courts in order that any denial of economically beneficial use may be remedied through a non-judicial form.
- How Long: Within Reasonable Time
- Who Decides:
- Recommendation: Hearing Officer
- Final Decision: Town Council
- Often times, questions related to use or development can be answered through a zoning compliance verification (ZCV). Please consult with Planning Staff to determine if your specific questions can be answered through a ZCV or in fact require a Beneficial Use Determination.
How to Apply
Please submit an application packet with seven (7) hard copies and one (1) digital copy (via email to firstname.lastname@example.org) that includes the following:
- An application fee.
- An application form (PDF).
- Attempted Sales: Provide documentation of any attempts to sell the property and the results of those efforts.
- Narrative Description of the Request: Provide a brief narrative description explaining the reason for the BUD request. Identify any decisions on physical development, use, development option or subdivision applications that are relevant to the request, or any other official action of the Town of Jackson related to adoption or application of the LDRs that the landowner believes has resulted in the owner being deprived economically beneficial use. Describe any actions taken by the landowner to seek relief from the decision.
- Property Acquisition: Provide documentation of the date the owner acquired the property and the amount paid.
- Property Value: Provide documentation of the current value of the property, and any other land/value appraisal information the applicant would like considered.
- Relief Sought: Describe the type of relief being sought to ensure economically beneficial use of the land. See Section 8.8.4.D for examples.
- Vested Rights: Provide documentation of any vested rights associated with the property, such as prior permit approvals.
- Include ether pertinent information that may be needed.
Beneficial Use Determination fees are $1,000.