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What is conditional use zoning?
A conditional use permit is a zoning exception which allows the property owner use of his land in a way not otherwise permitted within the particular zoning district.
What is conditional zoning?
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 does conditional use of land mean?
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. For example: Local agencies can restrict the time, place and manner in which convenience stores, liquor stores and fast-food outlets operate.
Why do I need a conditional use permit?
Definition of Conditional Use Permit (CUP) Permitted conditional use permits are expressly listed for each district in the zoning ordinance. These uses require conditions because in their absence the use could negatively impact nearby properties. Conditional use permits are given at the discretion of the city.
What is the difference between a conditional use permit and a special use permit?
There is no legal difference between the three. For the most part it is just a matter of local preference which of the three is used in any particular ordinance. The rationale for some ordinances having both conditional use permits and special use permits is straightforward.
Does a conditional use permit run with the land?
A conditional use permit is a property right that runs with the land, so it attaches to and benefits the land and is not limited to a particular landowner.
What is a conditional use in zoning?
A conditional use permit is a zoning exception which allows the property owner use of his land in a way not otherwise permitted within the particular zoning district.
Does a conditional use permit expire?
Conditional use permits may also have an expiration date where the property owner has to re-apply for the permit at the end of its term. Property owners do not have a vested right in a zoning designation.
Do variances run with the land?
CONCLUSION: Yes, as a general legal principle, zoning variances run with the land and are unaffected by changes of ownership. ... 3, § 58.23 states that generally, a grant of a zoning variance runs with the land authorizing a specific use on a specific piece of property. Most importantly, subsection 19.84.
What is a conditional use permit in California?
The CONDITIONAL USE PERMIT. WHAT IS A CONDITIONAL USE PERMIT? CONDITIONAL 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.
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