ROGERS -- Conditional use permits are tools city planners use to address zoning issues for businesses operators who want to locate in an area not zoned for a specific use.
"Conditional use permits have a place in overall planning for the city," said Derrel Smith, Rogers senior planner. "Do we issue too many conditional use permits? Maybe, but, historically, the permits haven't been a bad thing for the city."
At A Glance
Conditional Use Permits
Cities are zoned for particular uses — residential, commercial, agricultural or industrial — to allow growth for a variety of businesses. However, development doesn’t always happen in the proper zone. Conditional use permits address the issue allowing a business to operate in different zone.
Common requests for conditional use permits include:
• Auto sales and service
• A day care center in residential zones
• A church in residential or industrial zones
• Beauty shops in residential zones
• Tattoo shops
• Pawn shops
Source: Staff Report
Rogers issues as many as 50 permits per year, Smith said.
Areas of the city are zoned for specific uses, such as residential, industrial, commercial or agricultural. Each zoning classification includes a list of uses by right and by conditional use. Without zoning restrictions, a service station could open in the middle of a residential neighborhood, city planners said.
Planners in other cities agree conditional use permits are necessary, and give officials some control of what type of business will be allowed in specific zones.
"One of the things planning commissioners must consider when issuing a conditional use permit is the character and compatibility of business. Will it be in the public interest to allow that business to operate in that location?" said Andrew Garner, Fayetteville planning director.
There are other factors that need to be considered before a planning commission grants a conditional use permit, said Patsy Christie, Springdale planning director.
"Hours of operation, parking and the type of business must be reviewed before a conditional use permit can be issued," Christie said.
Tony Noblin, a Rogers planning commissioner, said conditional use permits must be considered on a case-by-case basis.
"We have to consider if the business fits with the surrounding property uses. You wouldn't want a gravel pit next to a residential area," Noblin said.
"The city can't write a zoning ordinance that fits every situation, there are always exceptions," said Mark Myers, Rogers planning commissioner. "Conditional use permits are a tool we can use to address a variety of situations that may not fit in a certain planning zone."
Planning commissioners in Rogers don't grant as many conditional use permits as they did before residents voted to allow the sale of alcohol.
Before alcohol sales were approved, it was necessary in Rogers to have a private club license to sell mixed drinks, beer or wine. A conditional use permit also was required. Commissioners granted nine conditional use permits for private clubs in 2011. That number dropped to eight permits in 2012 and five in 2013. There have been no conditional use permit requests for private clubs in 2014, according to city documents.
Vehicle sales are only allowed by right in areas zoned for open display, but many small car lots are located in highway commercial zones which require a conditional use permit.
"We get the most requests for a conditional use permit for vehicle sales and service. It seems a lot of people want to sell used cars," Smith said. In the past four years, 35 conditional use permits were granted for used car lots.
The experience of obtaining a conditional use permit can be a struggle.
John Zito received a conditional use permit on May 5 to operate a landscape business on property zoned for agriculture use, but he said he is still working to satisfy the conditions placed on him.
"The process hasn't been easy for me," Zito said.
He bought property and built a storage building for the equipment he uses in his landscape business. He said he just wanted a permit to store his equipment, not operate his business at 806 Price Lane.
"I operate my business out of my house, and that's were my business license is," Zito said.
Zito was required to submit a large-scale development plan, asphalt the parking area and build a fence to screen the property from a nearby residence.
"I've spent $10,000 so far trying to meet the conditions of the permit. I would have to say it hasn't been a pleasant experience for me," Zito said.
Brad Gorges, on the other hand, received a conditional use permit for auto sales and service at 921 S. Eighth St. on Feb. 18.
"I thought the process of getting a conditional use permit was fine. You have to know the rules and do your due diligence, but it's not a difficult process," Gorges said.
Gorges was trying to expand his existing business, but the deal for the additional property fell through. He never used the permit.
NW News on 01/05/2015