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INFORMATION MEMO I Land Use Conditional Use Permits Learn the basics of conditional use permits (CUPS) in administering the city's land use -ordinances, Define conditi6nal use permits, for what purposes they may be granted; learn who grants them and procedural considerations.for public hearings and the role of neighbothwd` opinion. Understand expiration. dates, time limits and revocation of CUPs. I. Conditional use A conditional use is a land.use designated in.a zoning ordinance that is speeifically-alloweOn a zoning district so long as certain standards are met. The zoning ordinance typically.detail both general standards that apply to all conditional uses, as well as specific standards that apply to a particular conditional use in a given zoning district. A use is typically designated in a zoning ordinance as conditional because of hazards inherent in the use itself or because of special problems that its proposed location.mgy present.. For example, uses that generate traffic :such as family childcare; service stations, cdnvenienc6stores, or drive-thrus are.often designated as conditional uses. II. Conditional use.permit. (CUP) .A conditional use permit is a document a city issues to grant a conditional use -when the general and specific ordinance standards�have been met by the -applicant. The use'is all by permit only if the special concerns are addressed as set forth in the.z6oing ordinance. Conditional use. permits are. authorized understate law. A. General CUP standards A zoning ordinance. will .typically detail general. standards that apply to all conditional uses. For example, some tcOln$ ordinances provide that alf conditional uses must conform to the comprehensive. land use plan of the community,. be compatible with the adjoining.properties,. and be served by ade.q.uate. roads :and public. utilities. B. Specific CUP standards In addition to general CUPI standards, many zoning ordinances. will detail specific standards that apply to a particular conditional use, such as those made for businesses operating a drive-thru: Conditions for such uses may include specific standards regarding things like Off-street and loading areas, landscaping and site plan,:and hours of business operation. III. Granting.conditional use permits Generally CUPS axe granted only for usie0specifically listed in the zoning.ordiriance as conditional uses in a. particular zoning district. !f a use is not designated as a conditional use in a:zo..ning. district, then arguably the city has no ability -to issue a CUP*without first amending the zoning.ordiriance to provide for the conditional O e. This would of icotirse ailo.W other applicants to apply for a conditional use permit under the same standards. A. Who grants A CUP is*tyololly approved by the city council. Planning commissions. often first considertht CUP application and make recommendetions.to the city.council. State statute allows the city.council to designate, its CUP approval to another authority, arid some cities have designated the planning commissiorl as the approving body. In any eyent,:the city. council is generally makes the final decision -on. CUPs.