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How should the CUP decision be documented? <br /> Whatever the decision, a city should create a record that will support it. If a city denies a CUP <br /> application, the 60-day rule requires the reasons for the denial be put in writing. Even if a city <br /> approves a CUP,a written statement explaining the decision is advisable. The written statement <br /> explaining the decision should address the general and specific ordinance standards, and explain <br /> the relevant facts and conclusions. <br /> What conditions can a city attach to a CUP? <br /> Reasonable conditions relating to the ordinance standards may be attached to a CUP based upon <br /> factual evidence contained in public record. For example, if a zoning ordinance provides that a <br /> conditional use should not have adverse visual or noise impacts on any adjacent property, a city <br /> might require specific screening and landscaping conditions to address any potential impacts <br /> established in the record. <br /> Can a city put an expiration date on a CUP? <br /> State statute provides that a CUP remains in effect as long as the conditions agreed upon are <br /> observed. The attorney general has found that time limits such as sunset provisions or automatic <br /> annual review are not consistent with state law, explaining that cities may not enact or enforce <br /> provisions that allow a city to terminate CUPS without regard to whether or not the conditions <br /> agreed upon are observed. <br /> What if the city wants put a time limit on a land use? <br /> If a city wishes to place time constraints on particular uses,then the appropriate zoning tool is an <br /> interim use permit, rather than a conditional use permit. Passed in 1989,Minn. Stat. -&462.3597 <br /> authorizes interim use permits for a temporary use of property until a particular date, until the <br /> �. occurrence of a particular event, or until zoning regulations no longer permit it. <br /> What happens to the CUP once granted? <br /> A conditional use permit is a property right that"runs with the land" so it attaches to and benefits <br /> the land and is not limited to a particular landowner. State statue requires that CUPs be recorded <br /> with the county recorders office. When the property,is sold, the new landowner will have the <br /> continued right to the CUP so long as the conditions are met. <br /> When can a city revoke a CUP? <br /> A city can revoke a conditional use permit if there is not substantial compliance with conditions, <br /> so long as the revocation is based upon factual evidence, after appropriate notice and hearing. <br /> Because a CUP is a property right, a city should work closely with the city attorney if considering <br /> a CUP revocation. <br /> l <br /> 3 <br /> Small Cities Track-2011 <br /> Planning&Zoning 101—17 <br />