1999 Planning Commission Packets

Home Browse Search

I � : °i �-'� 0' � � :; . �:f,', ). ' � �; � ��,- ., ; � , y� . � �i �, ;�: : Do not list uses as conditional uses in a district if you believe it is generally unacceptabie there. Remember the question about the right io ihe use is basically off the table. It is a matter of how the use may be modified, or its adverse characteris�ics may be mitigated. I - °• � : .�• '; The coucts have made it very clear that there must be a direct connection or ne�cus between the problem and the cure. If you have reviewed evidence that suggests that a fast food restaurant with a drive through window witl have up to eight vehicles stacked waiting for food during peak periods, it is acceptable to conditian the pemiit to require space for eight vehicles io stack on site. It is not acceptable to use the fact thai a use is tisted as conditional to require architecturai design features, building materials or landscaping that is not required generaliy in your ordinance, or to restrict its sign �rea to less than the amount avai(able to other uses in the district. ... U�. '. �� .'�.;, : '�; 1,. ; ,t, .:..: ■ Another rarnpani abu�e is the attachment of time Iimitations to CUPs. The only permit that can legally be attached a�ime limit or "sunset pravision" is an interim use �ermit. Conditional use permits are land use permits that run with the Iand. They cannot be autoznatically revoked when a particular applicatat sells, or a specific time period elapses. "' ; , , `, � , ' 1, •. 1 1; . ; .�; ., '., `; . �.: ... There is nothing wrong with the idea of scheduling annual or biannual reviews of CUPs (or other time interval of your choosing}, but, understand that this is simply an administrative convention that you have established. `Iou cannot require an applicant to renew his/her permit at a prescribed time. You can at virtually any poini, based upon evidence or even concern that condi�ions are not being met, provide legal notice and hald a public hearing to review � Ci7�. If there is suf�icient evidence of serious vioiaiions, you may have grounds to revoke a CLTP. �, 1 � i Conditional uses are pemutted uses to which reasonable conditions may be attached. The need for these conditions must be supported by evidence in the record. As part af your community's planning and zoning administration program you may decide to conduci periodic reviews of CUPs. �owever, CUPs are land use permits that run with fihe land, not the land owner or applicar►t and as lon� as the conditions are bein� met, the permit remains vaiid. 0 . ... , _.