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12-20-21-WS
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12-20-21-WS
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2 | Page <br /> <br />Accessory uses <br /> Uses permitted or conditionally permitted to serve a permitted or conditionally permitted use. An <br />accessory use generally will not be permitted absent the primary use. For example, a tool shed <br />represents a standard accessory use in a residential zone. <br />Conditional Use Permit (CUP) <br />Applicants requesting to use their property in a way that is not expressly prohibited by the zoning code <br />may apply for a Conditional Use Permit (CUP). A CUP authorizes a property owner to operate their <br />property in a way that is encouraged by the ordinance as long as it is declared harmonious with their <br />zoning district. The concept of use permits was created to give cities more flexibility in zoning ordinance <br />administration. Oftentimes, a CUP application will include a site plan for review. Questions that may be <br />useful in reviewing a CUP request include: <br />• Is the proposed use allowed in its district or is it a prohibited use? <br />• (How) will the requested use impact the neighborhood? <br />• What noise, glare, odors, vibration, smoke, dust, air pollution, heat, waste, or other nuisance <br />characteristics might be associated with the use? <br />• (How) Is the proposed use permitted under the land use plan? <br />• (How) Is the proposed use compatible with neighboring uses? <br />• What potential impacts, if any, can be mitigated (traffic, parking drainage, grading, tree removal, <br />landscaping, etc.)? <br />• What conditions, if any, could mitigate the potential impacts identified above? <br />Interim Use Permit (IUP) <br />An Interim Use Permit (IUP) is a temporary agreement to allow a property to conduct a certain use for a <br />limited amount of time (termination clause or sunset date), if conditions listed in the ordinance are met. <br />Arden Hills code prohibits properties from re-apply for the same interim use permit after the <br />termination or sunset date has been reached, but the terms of the IUP can be extended or renewed at <br />the discretion of the City Council. Oftentimes, a CUP application will include a site plan for review. <br />• When is the use scheduled to terminate? <br />• Is the proposed use allowed in its district or is it a prohibited use? <br />• (How) will the requested use impact the neighborhood? <br />• Under what conditions will the IUP terminate? <br />• How will the conditions of the IUP be monitored for compliance? <br />Variance <br />Variances serve as an exception to rules laid out in a zoning ordinance. They permit departures from <br />strict enforcement of the ordinance as applied to a particular piece of property if strict enforcement <br />would cause the owner “practical difficulties.” Variances allow deviations to physical standards set forth <br />in a zoning ordinance, (such as setbacks or height limits) and may not allow a use otherwise prohibited <br />in the particular zoning district. <br />The practical difficulties test has replaced the “undue hardship” test that had been in place for many <br />years. The “practical difficulties,” standard includes the three-factor test of (1) reasonableness, (2) <br />uniqueness, and (3) essential character. State law now allows variances when the applicant for the <br />variance establishes that there are practical difficulties in complying with the zoning ordinance.
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