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Thread: Renewal conditions on special use permits?

  1. #1
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    Renewal conditions on special use permits?

    I know there is debate on whether Special Use Permits run with the land or the permit applicant- not here to debate that right now.....

    What I am looking for is feedback on renewal requirements for Special use Permits- here is the language as it reads in the Town's code (municipality in Upstate NY); " the Planning Board may require, as a condition to the issuance of any special permit, that it be periodically renewed or may issue any special permit for a specific time period, subject to adequate guarantees that the use covered with be terminated at the end of the period specified or such extension thereof as may be granted by the Planning Board."

    I can see where this clause really gives the Town the right to pull an applicant back in if there are issues with the operation of their business BUT, I also think this could create a hardship for the applicant if they are forced to renew their permit every two/three years (what ever the condition stipulates). Does anyone know of case law that addresses this issue?

    Thanks!

  2. #2
    Cyburbian hilldweller's avatar
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    You might want to check this site out: http://lawoftheland.wordpress.com/

  3. #3
    Cyburbian Random Traffic Guy's avatar
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    Quote Originally posted by sbonshak View post
    BUT, I also think this could create a hardship for the applicant if they are forced to renew their permit every two/three years (what ever the condition stipulates).
    Case law? "What will they put up with?".
    Around here at least, time-limited SUPs are the attorney, engineer, and city planner's perpetual employment devices. Lots of private and charter schools have SUP renewal every 3-5 years, and many have requirements to have a licensed engineer look at their traffic flow as often as every year! Very rarely any public comment at these renewals. It's just silly. These SUPs should run with the owner, which in the event of a new owner even of the same use, would give the city a chance to make sure the new organization will function in a comparable fashion.

  4. #4
    Cyburbian
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    In my jurisdiction they SU permits run with the land. The approach has saved everybody a lot of grief whena place of worship has changed owners from a "traditional" congregation to a "new" congregation.

    The only temporary SU I have on the books is one for a farmers market run by a local business group. There were too many pecularities with that case to leave anyone comfortable with an open ended term.

  5. #5
    Cyburbian Emeritus Chet's avatar
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    Quote Originally posted by der Bebauungsplan View post
    In my jurisdiction they SU permits run with the land.
    One community I worked for had this provision, but required review on change of tenancy, and new conditions could be imposed. There were also provisions in the code to allow termination following a hearing. In a few cases, the original grantee agreed in writing to voluntarily terminate the permit upon vacating the premise.

  6. #6
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    My city has done it all it seems, like.
    CUP requiring 6 month review, then after 6 months if all ok, amend the CUP removing the review. Depends on how controversial the issue/use is at the time of issuance/hearing.

    We have for the longest time tied the CUP to the applicant, but are slowly shying away from that and only tie the CUP to the land.

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