09-20-2004 Planning Packet - Laserfiche WebLink

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r HOW TO L*sF THE CONniTIONAL USE PERMIT TOOL Do no! list uses as conditional uses :n a district if you believe it is generally unacceptable there Remember the question about the right to the use is basically off the table It is a matter of how the use may be modified, or its adverse characteristics may be mitigated NF,\i:S RFOl'FREMEXT Hie courts have made it very clear that there must be a direct connection or nexus between the problem and the cure If you have reviewed t .licnce that suggests that a fast food restaurant wd’h a drive through window will have up to eight vehicles stacked waiting for food during peak periods, it is acceptable to condition the pennit to require space for eight vehicles to stack on site It is not acceptable to use the fact that a use is listed as conditional to require architectural design features, building materials or landscaping that is not required generally in your ordinance, or to restrict iis sign area to less than the amount available to othet uses in the district TI\fF MMITS. PERinnir RFATFW Another rampant abuse is the attachment of time limitations to CUPs The only permit that can legally be attached a time limit or “sunset provision" is an interim use permit Conditional use permits are land use permits that run with the land They cannot be automatically revoked when a particular aop'icam sells, or a specific time period elapses PFRIOniC RFVTFWl?. GROllNnS FOR REVOCATION There is nothing wrong with the idea of scheduling annual or biarmual reviews cf CU* 's (or other time interval of your choosing), but, understand that this is simply an administrative convention that you have established You cannot require an applicant to renew his he: permit at a prcicribei lime You can at virtually any point, based upon evidence or even concern that conditions are not being met, provide legal notice and hold a public hearing to review a CUP If there is sufficient evidence of serious violations, you may have grounds to revoke a CUP Sl’MMARV AND CONCLUSION Conditicrul uses 2:c permitted uses to which reasonable conditions may be attached The need for these conditions must be supported by evidence in the record As pan of your community’s planning and zoning administration program you may decide to conduct periodic reviews of CUPs "However, CUPs are land use permits that lun with the land, not the land owner or applicant and as long as the conditions arc beii^g met. the permit remains valid r r r [ [ r r [ - 9 -