Conditional Use Permit
A Conditional Use Permit (CUP) allows the Town to consider uses that may be desirable to a particular location in the community, or not routinely allowed (“by right”), through a public hearing process, and to control certain uses which could pose unsafe or have negative impacts on the community or neighboring properties. A CUP on a specific property is subject to conditions that ensure compatibility with nearby land uses.
The CUP process allows for consistent evaluation of land use applications and provides clear criteria on which to base a decision. The burden is on the applicant to provide adequate justification supporting a CUP request and requires the recommendation of approval or non-approval of the requested use by the Planning Commission to the Town Council. A use is not a matter of right, and the Planning Commission may not recommend a CUP or may impose conditions if it finds that the proposed use will adversely affect existing or anticipated uses in the immediate neighborhood, or will adversely affect surrounding properties.
Approval of a CUP requires the submittal of a completed application, a site plan, an operational statement, a plot plan of the proposed site, a map showing the location of the site, Findings of Fact, signature of the property owner and proof of ownership on the application. In addition, the applicant must address how the use will further the economic goals of the Town, demonstrate if the use is consistent with the Comprehensive Plan, and the payment of non-refundable administrative fees.
Conditional Use Permit Applications must be submitted at least 45 days prior to a scheduled Planning Commission meeting. The Town will publish an ad advertising the Public Hearing in the newspaper 15 business days prior to the hearing. The applicant is responsible for covering all the costs for notifying the public of the Public Hearing for their application.
Prior to submitting any application, staff recommends scheduling a meeting to discuss the project to go over the process to address any potential issues that may arise during the process. We encourage all applicants considering applying for a CUP to contact the Town Planner/Zoning Administrator at 703-221-3400 prior to submitting an application.