I am not a lawyer, but a Planning Director and elected official (in different cities) and conditional use permits have given me F I T S in both capacities. Here in Utah, the courts have ruled and the law now states that conditional uses MUST be approved if reasonable conditions can be imposed that would substantially mitigate deterimental effects. Pretty much they have to be approved as most deterimental effects can be substantially mitigated. If I were serving in my current capacities in your community and the CA is the same as UT law, I would carefully review all conditional uses, assuming they are to be approved and cull out the ones that wouldn't fit in the zone if approved. If reasonable conditions cannot be imposed, get rid of the use in that particular zone. Better yet, make any conditional uses being kept permitted and state the conditions in the zoning ordinance.
Now, that being said, the use you are fighting is a little different animal. As I understand the law, cities must provide a location for that type of use. Most cities put it in an industrial/manufacturing area, away from residential uses. If I were in your city, I would make an application asap to amend the zoning ordinance with regard to where these types of businesses could be located. At least here in Utah, if the application is submitted and changes are made, anyone asking for something that could be affected by your application's outcome could or would be forced to comply with the new law, even if the proposed changes haven't been adopted yet.
I can go on and on, especially with the experiences I have had, but I won't
My 2 cents.
Last edited by Lifesgreat; 06-22-2007 at 10:54 AM.
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