06-18-2001 Planning Packet - Laserfiche WebLink

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HOW TO USK THK i^ONDlTIOXAL tlSF PFRMIT TOOL Do not list uses as conditional uses in 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. NFVIT!^ REQUIREMENT The 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 evidence that suggests that a fast food restaurant with a drive through window will have up to eight vehicles stacked waiting for food during peak periods, it is acceptable to condition the permit to require spatt; for eight vehicles to stack on site It is not acceptable to use the fact that a use is listed as ccnditional to require architeaural design features, building materials or landscaping that is not requiud generally in your ordinance, or to restrict its sign area to less than the amount available to other uses in the district TIMF I.IMITS, PKRIQDIC REVIEW Another rampant abuse is the attachment of time limitations to CL'Ps 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 applicant sells, or a specific time period elapses nriiinnir RFVIFWS. CRQITNDS FOR REVOCA i ION There is nothing \vTong wi;h the idea of scheduling annual .i biannual re\iews of CtJPs (or other time interval of your cho -'ng), but. understand that this is simply an administrative convention that you have established You cannot require an applicant to renew his/her permit at a prescribed time 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 CLT If there is sufficient evidence of serious violations, you may have grounds to revoke a CUP SUMMARY AND CONCLUSION Conditional uses are permitted uses to which reasonable conditions may be attached The need for these conditions must be supported by evidence in the record As part 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 run with the land, not the land owner or applicam and as long as the conditions are being met. the permit remains valid - 9 - i!