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LEAGUE of CONNECTING &INNOVATING <br /> MINNESOTA SINCE 1913 <br /> CITIES <br /> CONDITIONAL USE PERMITS <br /> Frequently Asked Questions <br /> What is a 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 <br /> general standards that apply to all conditional uses, as well as specific standards that apply to a <br /> particular conditional use in a given zoning district. <br /> Why are some uses typically designated as conditional? <br /> A use is typically designated in a zoning ordinance as conditional because of hazards inherent in <br /> the use itself or because of special problems that its proposed location may present. For example, <br /> uses that generate traffic such as family childcare, service stations, convenience stores,or drive- <br /> thrus are often designated as conditional uses. <br /> What is a conditional use permit(CUP)? <br /> A conditional use permit is a document a city issues to grant a conditional use when the general <br /> and specific ordinance standards have been met by the applicant. The use is allowed by permit <br /> only if the special concerns are addressed as set forth in the zoning ordinance. Conditional use <br /> permits are authorized under Minn. Stat. & 462.3595. <br /> For what uses can a CUP be granted? <br /> Generally CUPs are granted only for uses specifically listed in the zoning ordinance as conditional <br /> uses in a particular zoning district. If a use is not designated as a conditional use in a zoning <br /> district, then arguably the city has no ability to issue a CUP without first amending the zoning <br /> ordinance to provide for the conditional use. This would of course allow other applicants to apply <br /> for a conditional use permit under the same standards. <br /> What are general CUP standards? <br /> A zoning ordinance will typically detail general standards that apply to all conditional uses. For <br /> example, some zoning ordinances provide that all conditional uses must conform to the <br /> comprehensive land use plan of the community, be compatible with the adjoining properties, and <br /> be served by adequate roads and public utilities. <br /> What are specific CUP 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 a drive-thru. <br /> Conditions for such uses may include specific standards regarding things like off-street parking <br /> and loading areas, landscaping and site plan, and hours of business operation. <br /> This material is provided as general information and:snot a substitute for legal advice. <br /> Consult your attorney for advice concerning specific situations. <br /> 1 <br /> LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE WEST PHONE.(651)281-1200 rAx.(651)281-1298 <br /> INSURANCE TRUST ST PAUL MN 55103-2044 TOLL FREE:(800)925-1122 WEB WWW LMC ORG <br /> Small Cities Track-2011 <br /> Planning&Zoning 101-15 <br />