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What Are Conditional Use Permits
Conditional Use Permits (CUPs) are an important tool used by local governments to manage and regulate growth and development. A conditional use permit may authorize uses not routinely allowed on a particular site. By requiring that prospective developers obtain a CUP before proceeding, government can protect citizens from land use practices that are not compatible with the nature and character of a area. An example might be the development of a noisy, high-traffic 24-hour a day business in the middle of a residential subdivision.
On the other hand, an approved CUP can allow a business or other entity to operate in an area where its nature is compatible with surrounding land users. An example of this might be a day care in a residential area; a farm machinery business in agricultural land, etc.
What does Condition Use really mean?
Here's how the Canyon County Board of Commissioner's ordinances defines "Conditional Use":
A use that would not be appropriate generally or without restriction throughout the zoning district but which, if regulated, would not be detrimental to public health, safety, or general welfare. The term "conditional use" shall mean a use or occupancy of a structure, or use of land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein.
Why Is A CUP Process Necessary?
Here's how the Canyon County ordinances define the need for the CUP process approval process:
Every use which requires the granting of a conditional use permit is declared to possess characteristics which require review and appraisal by the commission to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity. The commission may require higher standards of site development than those listed specifically in this chapter in order to assure that the proposed use will be compatible with other property and uses in the vicinity. The commission may revoke or modify its approval of a conditional use permit.
What Factors Are Evaluated Before A CUP Is Approved
The Canyon County Commissioners evaluate applications for Condition User Permits before they make a decision whether or not to approve the application.
The commission shall consider each conditional use permit application by finding adequate evidence to answer the following questions in its findings of fact, conclusions of law, and order:
(1) Whether the proposed use is permitted in the zone by conditional use permit;
(2) A statement of the nature of the request;
(3) Whether the proposed use is consistent with the comprehensive plan;
(4) Whether the proposed use will be injurious to other property in the immediate vicinity and/or will negatively change the essential character of the area;
(5) Whether, if applicable, adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems are to be provided to accommodate said use;
(6) Whether legal access to the subject property for the development exists or will exist at the time of final plat;
(7) Whether there will be undue interference with existing or future traffic patterns;
(8) Whether essential services are to be provided to accommodate said use, such as, but not limited to, school facilities, police and fire protection, emergency medical services, and whether or not services will be negatively impacted by such use or will require additional public funding in order to meet the needs created by the requested use.
Prior to making a decision concerning a conditional use permit request, the commission or board may also require studies, at the applicant's expense, of the social, economic, fiscal, and environmental effects of the proposed conditional use.
In evaluating the application, special conditions may be attached which:
(1) Minimize adverse impact, such as damage, hazard, and nuisance, to persons or the subject property or property in the vicinity;
(2) Control the sequence and timing of development;
(3) Control the duration of development;
(4) Designate the exact location and nature of development;
(5) Require the provision for on site or off site public facilities or services;
(6) Require more restrictive standards than those generally required;
(7) Mitigate the negative impacts of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the county.
Source Information: Material both paraphrased and taken verbatim taken from Chapter 7, Article 7 of current Canyon County ordinances.
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