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Conditional Use

Repo Man

Cyburbian
Messages
2,550
Points
25
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?
 

Chet

Cyburbian Emeritus
Messages
10,624
Points
34
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. :)
 

Jeff

Cyburbian
Messages
4,161
Points
27
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.
 

Repo Man

Cyburbian
Messages
2,550
Points
25
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.
 
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Cardinal

Cyburbian
Messages
10,080
Points
34
I'm with thte others who have already opined. I don't think it would be upheld by the court.
 

mike gurnee

Cyburbian
Messages
3,066
Points
30
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.
 

NHPlanner

Forums Administrator & Gallery Moderator
Staff member
Moderator
Messages
9,884
Points
38
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.
 

donk

Cyburbian
Messages
6,970
Points
30
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.
 

Repo Man

Cyburbian
Messages
2,550
Points
25
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...
 

Chet

Cyburbian Emeritus
Messages
10,624
Points
34
donk said:
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
 
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