Conditional Use Permit. Interim Use Permit
Both are grantable permits, that is, allowable uses. If an applicant meets all requirements and agrees to all proposed reasonable, related and roughly proportional conditions to help mitigate any negative impacts, the Township gives the permit. These are considered "quasi-judicial" (as opposed to legislative) actions, and they are the most likely to end up in court if not executed properly.
Conditional uses are those decided upon and enacted as allowed, but with the capacity for the Township to place conditions such as adequate off-site parking and turn lanes so as to not negatively impact neighboring properties. Arbitrary conditions such as the buildings must be blue are not allowable and can be challenged.
The whole process of granting a CUP is outlined in the Ordinances. See Ordinance pp. 84-87.
Any CUP application requires a public hearing and notification of nearby neighbors. Public hearings require ten days' published notice in the official newspapers of the Township. The Board has also adopted the practice of sending out postcard notices of all public hearings to all property owners to ensure that they are aware of the upcoming proceeding. Newspaper publishing is required by state statute; notification of nearby neighbors up to 1,000 feet away is required under the Ordinances; postcards are not required and are optional.
Some examples of Conditional Uses allowed in the Ordinances are schools, cemeteries, churches, signs larger than 50 sq. ft. ONLY those CUPs listed in the Ordinances are allowed in Eureka. See Ordinance pp. 501-52. In the past, inquiries have shown that some think that they can obtain a CUP for what they consider a "good idea" although not mentioned in the Ordinances. This is not true. If it were true, of what good would zoning be?
In fact, the Ordinances contain a paragraph that states anything not regulated in the Ordinances is prohibited. See Ordinance p. 52:
E. Prohibited Uses and Structures All other uses and structures which are not specifically permitted as a right or by Conditional Use Permit or Interim Use Permit, including public stables and boarding of dogs, shall be prohibited in the Agricultural District. (Resolution 59, 8-13-2007)
Once granted and recorded at the County, CUPs "run with the land." That is, they transfer owner to owner. They do not go away unless a landowner would request this of the Township. Sometimes, tax issues are involved in this.
Interim Use Permits are very similar to CUPs with the distinction that they do terminate, either on a specified date or at a specified event. The only two IUPs currently allowed in the Township are gravel mining and airstrips. See Ordinance p. 52. Perhaps the clearest example of the termination by an event is the gravel running out on a gravel mine. See Ordinance pp. 87-90 for the process to grant an IUP. IUPs require public hearings and notification just as CUPs do.
If an IUP terminates on a specific date, and the applicant would like to continue, a reapplication can be made and granted.
Any changes to CUPs or IUPs require and amendment process which follows the original process, including a public hearing.
The only way the list of CUPs and IUPs could be changed is by way of a Text Amendment to the Ordinances. Such amendments can be initiated by the Planning Commission, the Town Board, or by an individual. If an individual proposes an amendment, that person is responsible for all costs, regardless of the outcome of the process.
Whether as an applicant or as a neighbor to such uses, it is helpful to understand the ground rules!
