Frequently Asked Questions

Conditional use permits, nonconformities and variances often raise questions among city officials, the public and developers. Resource materials posted below on these three aspects of land use are meant to answer frequently asked questions, and to serve as a starting point for helping city officials understand some of the fundamentals. Link directly to resources below, or browse the list of questions on each topic, also below.
Read FAQs on Conditional Use Permits (pdf)
Read FAQs on Nonconformities (pdf)
Read FAQs on Variances (pdf)
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Conditional Use Permits
A conditional use is a land use designated in a zoning ordinance that is specifically allowed in a zoning district so long as certain standards are met. Browse the list of questions below before viewing the resource.

  • What is a conditional use?
  • Why are some uses typically designated as conditional?
  • What is a conditional use permit (CUP)?
  • For what uses can a CUP be granted?
  • What are general CUP standards?
  • What are specific CUP standards?
  • Who grants the CUP?
  • What kind of authority is the city exercising?
  • What is the public hearing requirement?
  • What is the role of neighborhood opinion?
  • When should a CUP decision be made?
  • How should the CUP decision be documented?
  • What conditions can a city attach to a CUP?
  • Can a city put an expiration date on a CUP?
  • What if the city wants to put a time limit on land use?
  • What happens to the CUP once granted?
  • When can a city revoke a CUP?

Read FAQs on Conditional Use Permits (pdf)
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Nonconformities
Nonconformities are simply any land uses, structures or lots that do not comply with the current zoning ordinance of a city. Browse the list of questions below before viewing the resource.

  • What are noncomformities?
  • What are legal nonconformities?
  • What are illegal nonconformities?
  • What are the statutory rights of legal nonconformities?
  • What about nonconformities in a floodplain area?
  • Who benefits from the nonconforming rights?
  • Can nonconforming rights be lost?
  • How can rights be lost through discontinuance?
  • How can rights be lost through destruction?
  • Can legal nonconformities be phased-out?
  • What is a city's role in administering nonconformities?
  • What should a zoning ordinance provide for nonconformities?
  • When can a nonconforming use be expanded?
  • What about violations of other city ordinances?

Read FAQs on Nonconformities (pdf) _____________________________________________________________________________

Variances
A variance is a way that a city may allow an exception to part of a zoning ordinance. It is a permitted departure from strict enforcement of the ordinance as applied to a particular piece of property. A variance is generally for a dimensional standard (such as a setback or height limit), and allows the landowner to break a dimensional zoning rule that otherwise would apply. Browse the list of questions below before viewing the resource.

  • What is a variance?
  • Who grants a variance?
  • When can a variance be granted?
  • What kind of authority is the city exercising?
  • What is undue hardship?
  • What are the undue hardship factors?
  • What about economic considerations?
  • Can a city grant a use variance?
  • Is a public hearing required?
  • What is the role of neighborhood opinion?
  • What is the role of past practice?
  • When should a variance decision be made?
  • Can meeting minutes adequately document a variance decision?
  • Can a city attach conditions to a variance?
  • What happens to the variance once granted?

Read FAQs on Variances (pdf)