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• 10. Ana licant cannot rel n ' <br />pp y o similar variances granted more than a year <br />before.z2 <br />B. Permitted, Accessory, and Conditional Uses. <br />1. Permitted uses are allowed as of right. <br />- Failure to issue a building permit for a permitted use is generally <br />regarded as arbitrary and unlawful.23 <br />- However, if the zoning of the property is changed after an arbitrary <br />denial of a building permit so that the new zoning prohibits the use, <br />the city's action will be upheld.sa <br />2. Accessorv uses are subordinate and related to a permitted use. If the <br />ordinance language contains appropriate language, an accessory use <br />cannot be allowed alone on a property without a principal, permitted <br />use.25 <br />3. Conditional uses are allowed if they meet the standards contained in <br />• the ordinance. <br />- If the application meets the standards, it must be approved. <br />- Inconsistency with the comprehensive plan can only be used to deny <br />the permit if the comprehensive plan is specifically listed as one of the <br />standards to be met.zs <br />- The courts will scrutinize the denial of a conditional use permit more <br />closely than the denial of a rezoning or variance because a conditional <br />use is one permitted by the ordinance and the issue is simply whether <br />the standards have been met.27 <br />- Variances to the standards may be granted under the same guidelines <br />discussed above. <br />- A conditional use permit attaches to the property and not to the <br />applicant. It remains in effect as long as the conditions are met.28 <br />C. Non-Conforming Uses. <br />1. When a zoning district is created, certain existing uses may not be <br />• allowed in that district. They must be allowed to continue, however, <br />because the owner has property rights which must be recognized. <br />5 <br />