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Thread: Conditional Use

  1. #1

    Conditional Use

    The municipality where I work is in the process of making all uses in all of the business zoning districts either conditional or prohibited. There will be no outright permitted uses. Does anybody have any experience with these types of zoning ordinances, where everything requires a Conditional Use hearing?
    "I'm a white male, age 18 to 49. Everyone listens to me, no matter how dumb my suggestions are."

    - Homer Simpson

  2. #2
    Cyburbian Emeritus Chet's avatar
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    Who hit Dick M in the head? That's insane. What is the legitimate public interest in that action, especially given your commercial base? You'll be sued for sure. I lok forward to being the voyeur.

  3. #3
    Cyburbian Jeff's avatar
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    That seems a little shady to me. So if you are a landowner you are basically at the mercy of the town?

    This will probably wreak havoc on property values, as a potential buyer/seller really doesn't know what they are buying/selling other than some vacant land with "potential" use possibilities.

  4. #4
    It will definitly be interesting to see how applicants react. I think that people who own multi-tenant offices are going to be the most adversly affected by this. A simple occupancy of tenant space will require a CU hearing.
    Last edited by Repo Man; 07 Mar 2003 at 12:21 PM.
    "I'm a white male, age 18 to 49. Everyone listens to me, no matter how dumb my suggestions are."

    - Homer Simpson

  5. #5
    Cyburbian Cardinal's avatar
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    I'm with thte others who have already opined. I don't think it would be upheld by the court.

  6. #6
    Cyburbian mike gurnee's avatar
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    I know the concept. The city wants control of what goes in more than how it develops. I have seen many citizens and officials want the same thing. If you had tight performance standards, it should not matter, but at a zoning change hearing, everbody wants to know what and who it is.

    Ask a business lender for an opinion. That should kill the concept. No lender wants a lien tied up in discretionary conditional uses.

  7. #7
    Forums Administrator & Gallery Moderator NHPlanner's avatar
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    I agree with the commentary so far.....we took a different approach here for the areas of concern...we developed an overlay district with a few permitted used, tight performance standards, and permit the uses in the underlying districts by a conditional use permit.
    "Growth is inevitable and desirable, but destruction of community character is not. The question is not whether your part of the world is going to change. The question is how." -- Edward T. McMahon, The Conservation Fund

  8. #8
    Cyburbian donk's avatar
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    Your legislation and case law may vary, but here it has been determined that you may not refuse a use that is conditional, only attach such reasonable terms and conditions to the use that are for the good of the community. It is then up to the developer to meet the conditions or not have a development.

    Seems like a whole lotta hassle for many people / uses to prevent a few.
    Too lazy to beat myself up for being to lazy to beat myself up for being too lazy to... well you get the point....

  9. #9
    I guess my issue is with situations where you have a business moving into a multi-tenant building. Forcing them to have a conditional use hearing (when it used to be a simple staff approval) seems a bit much.

    I guess I will wait and see what happens...
    "I'm a white male, age 18 to 49. Everyone listens to me, no matter how dumb my suggestions are."

    - Homer Simpson

  10. #10
    Cyburbian Emeritus Chet's avatar
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    Originally posted by donk
    Your legislation and case law may vary, but here it has been determined that you may not refuse a use that is conditional, only attach such reasonable terms and conditions to the use that are for the good of the community. It is then up to the developer to meet the conditions or not have a development.
    That's not the case here, fortunately

  11. #11
    Cyburbian donk's avatar
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    That's not the case here, fortunately
    I've bluffed a couple of times and won.
    Too lazy to beat myself up for being to lazy to beat myself up for being too lazy to... well you get the point....

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