CONDITIONAL USE PERMITS
Section 4.02 – Conditional Use: *
The purpose of a conditional use permit is to permit a use that would not be appropriate generally but may be allowed with appropriate restrictions upon a finding that;
- certain conditions as detailed in the zoning ordinance exist;
- the use or development conforms to the Comprehensive Plan;
- the use or development is compatible with the area.
A conditional use is allowed only after a petition has been approved by your Township Planning Advisory Commission, except when there is an appeal to the Commission decision; then, only after approval of the Township Board of Commissioners.
(* While each TCPA Township has its own zoning ordinance – which may vary slightly – this is excerpted from the Olmsted County Ordinance.)
CUP’s – Practical Application
As described in the ordinance excerpt above, conditional use permits – or CUP’s – are issued only after a petition to your respective Township Planning Commission.
Your CUP application will be considered during a public hearing at a monthly Planning Commission meeting. State Statute requires that surrounding property owners be notified by postcard and the general public be notified by publication of the meeting date in the local newspaper of record. Your neighbors and the general public have the right to attend the meeting and express their concerns and opinions – for or against – your application.
Due to the notification requirements described above coupled with the fact that many of the local newspaper(s) of record are weekly publications, means that any application for a CUP must be complete no less than a month before the Planning Commission meeting date in your respective Township. (See the individual Township pages on this site for those meeting dates/times.)
The TCPA Zoning Administration staff will write a report that details your application and whether or not it meets the criteria of the ordinance. TCPA staff mails the report to you, the Planning Commission and the Town Board members and then presents the report at the public hearing.
After considering the staff report, any potential public comments as well as comments from other local governmental agencies, your Township Planning Commssion will vote to either deny or approve your application with certain conditions.
What Uses Require a CUP?
There are a variety of uses that require a CUP and it’s important to understand the uses allowed by conditional use permit vary depending on the zoning of your property. It can be a complicated question but the TCPA staff is always available to answer any questions you have.
The most frequent CUP application is for someone who wants to operate a business within their home or within an accessory building on their property. But CUP’s are also required and issued for things like; working in flood soils or expanding a non-conforming use.
IUP or CUP – What’s the Difference?
Many of the TCPA administered Townships have added IUP or Inteim Use Permit language to their ordiniance(s). The basic difference between an IUP and a CUP is as follows:
A CUP – conditional use permit – is recorded on the deed to your property. As long as you continue to meet the conditions of the CUP it remains in effect with your property. If you sell the property and the buyer wishes to continue the conditional use, they may do so if they also continue to meet the conditions of the CUP.
An IUP – interim use permit – is essentially the same as a CUP but only remains in effect until a point in time or particular event. State Statute allows an IUP to have what is referred to as a sunset clause. Many of the TCPA Townships only allow mobile homes as second dwellings on a property with an IUP. When the conditions of the mobile home as a second dwelling IUP are no longer met – the mobile home must be removed.
How Do I Apply for a CUP or an IUP?
When you click one of the buttons below you’ll have access to an editable form you’ll use to apply for your CUP or IUP. You can either fill in the form on-line and email or mail it; or you can print it off and fill it in by hand. Your application will not be considered complete until the TCPA office is in receipt of your completed application, a site plan and the required fee.
Please don’t hestiate to contact our office if you have questions.