A special use permit authorizes land uses that are allowed only with additional oversight and regulation within the applicable zoning district.
An approved Use-by-Permit allows for certain uses that typically have a greater potential for impacts to the surrounding area than a Use-by-Right in the same zone district. A Use-by-Permit is granted to a specific applicant for a specific use at a specific location and cannot be transferred to subsequent owners or operators, nor may it be carried over to a new property. The final approval or denial of a Use-by-Permit is determined by the Board of Adjustment at a public hearing.
Conditional Use Permit
An approved Conditional Use Permit (CUP) allows for uses that have the potential to uniquely or intensely impact the environment, surrounding properties or the general public. The CUP process provides the opportunity to review the location, design, configuration and potential impacts of the proposed use on the surrounding area. A CUP is granted to a specific applicant for a specific use at a specific location and cannot be transferred to subsequent owners or operators, nor may it be “carried over” to a new property. The ultimate approval or denial of a CUP application is determined by city council at a public hearing the month following a planning commission hearing.
More about Conditional Use Permits
The city is authorized through the Land Development Code (LDC) to attach conditions to any land use approval. On occasion, these conditions of approval require a compliance check-in or renewal of approval. For Example: “This Conditional Use Permit shall expire on January 1, 2022. If the applicant wishes to operate the facility after that date, the applicant is required to renew this Conditional Use Permit.”
Condition Compliance process and other information
The city has adopted a new licensing program for both medical and retail marijuana businesses and amended its land development, building, and fire codes to support safe and thoughtful marijuana regulation. To operate legally, marijuana businesses will need to follow the city’s regulations as well as those of the state.
The Land Development Code, Sec. 21-11200, defines nine Marijuana Business License types: Medical Marijuana Center, Optional Premises Cultivation Operation, Medical Marijuana-Infused Products Manufacturer, Retail Marijuana Store, Retail Marijuana Cultivation Facility, Retail Marijuana Products Manufacturer, and Retail Marijuana Testing Facility.
- Marijuana Licensing is managed through the City Clerk’s Office and is a good place to start your inquiry about marijuana businesses.
- As part of the licensing process, a Zoning Report is required to verify that a specific property meets the required separation distances. Zoning Reports for Marijuana Business are processed by the Planning Division of the Community Development Department.
- Building Permit reviews are processed by the Building Division of the Community Development Department.