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INFORMATI.ONVEMO <br />Land Use Conditional Use Permits <br />Learn the basics of condltional.use permits(CUPs) In administering the clty's.land use ordinances. <br />Define conditional use permits, for what-PUrposes-they may granted; learn who grants them and <br />procedural considerations for public hearings and fife role of neighborhood opinion. Understand <br />aRpirMion dates, timelimits and revocation of CUPs,. <br />I. Conditional use <br />A conditional use is a land use designated in a zoning ordinance that is..specifically allowed in a <br />zoning. district .so long as certain standards are met. The. .zoning.ordinance typically detail both general <br />standards that apiply to ail conditional uses, as well asspec#fic standatds that apply-toa particular <br />conditional use in a given zoning district. A use is:.typically designated in a zoning ordinance -as <br />conditional because of hazards inherent in the use%itself or because.bf special problems that its <br />proposed.location may present.. For exartiple, uses that generate traffic such as family childcare; 5eririce <br />stations, convenience stores, or drive-thrus:are often designated as conditional uses. <br />ti. Conditional. use permit.(CUP) <br />A conditional use permit is a document a city issues to grant conditional use when the general <br />anal specific ordinance standards have been met by theaplakant. The use Ts-ailowed by -permit only if <br />the special concerns are. addressed as set forth in the zoning ordinance. Condlttonal use permits are <br />authorized under state law. <br />A. General CUP standards <br />A zoning ordinance will typically detail general standards that apply to ail conditional uses. For <br />example, some zoning ordinances provide that. all conditionai-uses-must conform to the comFriehensive <br />land use plan of the community, be compatible with the adjpining properties, and be served by <br />adequate. roads and public utilities. <br />B. Specific C.IIP standards <br />In addition to general CUP standards, many zoning ordinances will detail specific. standards that <br />apply to a particular conditional use; such as those made -for businesses operating adrive-thru. <br />Conditions for such uses may include--spectfic standards regarding things like off-street parking and <br />loading areas, landscaping and site plan;zi id' hours of business.operation. <br />Ill. Granting conditional use permits <br />GfteMlly CUPS are granted only for fuses specifically Listed in the zoning ordinance. as <br />conditional uses*in o particular zoning district..lf�a usels not.designated as a conditional use in-a.zoning <br />district, then arguably the city has no abilitVtor issue a CUP without first.amendirig.the zoning ordinance <br />to provide for the conditional use. This would ofcourse-allow otherapplicants to apply -fora conditional <br />use permit under the same standards. <br />A. Who -grants <br />A CUP is typically approved by the city council. Planningcommissions often first -consider the. <br />CUP a.pplication.and make recommendations to the city council. %Afe-statute..allows the -city council to <br />:designate its CUP*approval to another, authority, and some cities have. designated the planning <br />commission as the. approving body. In any event, the city council is generally makes.the final ideci5ionpn <br />cups: <br />