Laserfiche WebLink
B. Role of neighborhood opinion <br />{ Neighborhood opinion. -alone is not a valid basis fo.r granting or denying a CUP. While city <br />officials may feel their decision should reflect the overall preferences of residents, their task is limited to <br />evaluating howthe.CUP application meets the ordinance standards: Residents can often provide <br />important facts to help the city address whether the application meets the standards, but <br />unsubstantiated opinions and reactions to an application do not form a legitimate basis for a CUP <br />decision. If neighborhood opinion serves as the.soie basis..ofthe decisio <br />court if challenged. n, it could be overturned by a <br />C. Documentation of hearing <br />Whateverthe decision, a city should create a record that Will -support it. if a city denies a CUP <br />application, the 6Q-day rule requires the reasons for the denial be put in. Writing; Even if a city approves <br />a .CUP; a written statement -explaining the derision is advisable. The written statement explaining -the <br />decision -should address the generaland spebiflc-ordinance standards, and explain the relevant faGtsand <br />conclusions. <br />V. Conditional use -permit after*issuance <br />A conditional use permit*is a property -right that "runs with the land" so it attaches to and <br />benefits the land and is not limited to a pargicularlandowner. State statute requires that Cps s be <br />recorded with the county recorder's.office. When the property is sold, the. new landowner will have thecontinued right to the CUP so long.as the-cond'itiprts are. met. A city can. revoke a conditional use. permit <br />if there it -hot substantial compliance with conditions, so long as the.revocation is based upon -factual <br />evidence, after appropriate notice and hearing. Because a CUP is a property right, a city should work <br />Closely with the city attorney if considering a CUP revocation. <br />