Quick Answer: What Does Conditional Use Permit Mean?

What is the difference between a variance and a conditional use permit?

In contrast, an applicant for a special use permit does not have to show hardship.

Instead, the focus is on simply showing that the proposed use meets the conditions already contained in the ordinance, whereas a variance is, in essence, permission to “break the law.”.

What is a conditional use in zoning?

A conditional use is a use that is permitted subject to compliance with a set of conditions or requirements set forth in the zoning ordinance.

What is a conditional use permit in California?

WHAT IS A CONDITIONAL USE PERMIT? ACONDITIONAL USE PERMIT (CUP) allows a city or county to consider special uses which may be essential or. desirable to a particular community, but which are not allowed as a matter of right within a zoning district, through a public hearing process.

What is a conditional use permit in Oregon?

A Conditional Use Permit (CUP) allows the City to consider special uses which are not allowed outright within a zone through a public hearing process. … Conditional Use Permits require the submittal of a Land Use Application Form with the information required per the Conditional Use Permit Checklist.

What is a variance notice?

A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance. … The zoning board notifies nearby and adjacent property owners.

How long is a conditional use permit good for?

two yearsWhen does the Conditional Use Permit expire? The Conditional Use Permit must be acted upon (commencement or construction) within two years of the approval or the permit would be rendered invalid. Applicants unable to meet this schedule should apply for an extension before the two-year period expires.

Why is zoning illegal?

Therefore, spot zoning (or any zoning enactment) would be unconstitutional to the extent that it contradicts or fails to advance a legitimate public purpose, such as promotion of community welfare or protection of other properties.

What does rezoning mean?

rezone transitive verb lawtransitive verb. law. : to change the zoning of (an area) : to designate (a zone or zones of a city, town, or borough) for a new purpose or use through a change in the applicable zoning regulations …

What does conditional zoning mean?

Conditional zoning means a zoning in which, the governmental body allows a change in zoning activities subject to certain conditions that are designed to protect adjacent land from the loss of use value which might occur, if the new zoning activities are allowed without any sort of restrictions.

What is non conforming use in real estate?

A nonconforming use is a use of property that was allowed under the zoning regulations at the time the use was established but which, because of subsequent changes in those regulations, is no longer a permitted use.

Does a conditional use permit run with the land?

special or conditional use permit runs with the land, [and] with respect to the privileges intended to be conferred, the permittee is chargeable with knowledge of existing zoning ordinances [and statutes] at the time of the issuance and of the fact that county or city officers and agents have no power to go behind them …

What is a conditional use permit in Wisconsin?

Conditional use permits (CUPs) allow a zoning board to approve a land use that may be compatible in the zoning district in which it is proposed, but that should not be permitted as a matter of right because of the range of potential conflicts that such a use may create.

What is a city variance?

A variance is a deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the municipality.

What is variance in real estate?

Essentially, a property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values. If granted, a variance acts as a waiver to some aspect of the zoning law or regulations.

What is the purpose of a conditional use permit?

Conditional use permits (also called special use permits) are another planning tool that can be used to advance health objectives. Conditional uses are land uses that because of their special nature may be suitable only in certain locations, or arranged or operated in a particular manner.

Do conditional use permits expire?

A Conditional Use Permit shall expire and become null and void, when any of the following apply: … b) If the permit is not used within one (1) year after the granting of the permit; provided that the Planning Director may grant an extension of the permit for an additional period as provided in Section 92.2.

Can a conditional use permit be revoked?

With a conditional use, the landowner (or user of the property) applies for a permit, known as a conditional use permit. … Those conditions become part of the permit. If those conditions are violated during the term of the permit, a process exists to revoke it.

How do I get a conditional permit?

The applicant might begin the process of requesting the permit by a call or letter (drafted by an attorney) to the local zoning authority in charge of granting the conditional use. The local zoning official explains the process, including required forms, notices to other property owners, and fees.