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The criteria for reviewing CUPs are not specifically regulated by State Statutes. Cities can adopt _ necessary review criteria based on their individual needs. However, the criteria should be specifically related to the additional impacts that a conditional use may have in a particular district. Additionally, cities can include in their zoning ordinances varying review criteria for different types of conditional uses. The concept of a conditional use permit (CUP) was created to give cities more flexibility in zoning ordinance administration. Generally, conditional uses are uses that may be too problematic to be permitted uses in a district. However, since the use is still generally favorable or necessary, outright prohibition of the use is generally not practical or desired. Conditional uses seek to strike a middle ground between permitted and complete prohibition. It is important to stress that conditional uses, like permitted uses, must be allowed if the applicant can prove that the application meets all of the conditions and requirements of the city's ordinance and will not be detrimental to the health, safety and welfare of the public. A CUP is not designed to be a process for denial; it is simply a higher review process for uses that can be permitted. CUPs are considered property interests that run with the land; that is, they pass from seller to buyer when the land is sold or transferred. For this reason, time restrictions on a CUP are not permitted in State Statute. A CUP only becomes invalid if the conditions of approval are violated. Interim Use Permits are very similar to CUPs; however, by their very Y nature the are allowed to have time limits attached to them. Findings of Fact In addition to minutes, whenever the Planning Commission makes an official recommendation related to a matter referred to it by Council or on a land use application submitted to the City, it must also make findings to support the recommendation. This includes such requests as a conditional use permit, zoning amendment, variance or subdivision application. Findings of fact should state all of the relevant facts the Cityconsidered in making its decision g on the zoning application. A fact is relevant if it proves or disproves that the application meets the legal standards of the City's ordinances and state law for granting the zoning request. For example, applications for conditional use permits and variances, which are subject to particular standards that have been spelled out in City ordinances, State Statute, or by a court decision, should have findings of fact that relate directly to those standards. In evaluating any particular zoning request, the reviewing body should apply the relevant facts to the particular standards that govern the specific type of decision being made. Findings of fact from the planning commission serve three important roles: • They articulate to the City Council the Planning Commission's recommendations on issues before the Commission, including its basis for making its recommendations. • They communicate to a land use applicant the Commission's approval of a project or identify for the applicant disapproval and the reasons for such approval disapproval. pp or pp • They support the City's decision on the issue should the City's decision be challenged in Y g court. 5