Conditional Land Use Permits

Conditional Land Use Permits
Effective on January 1, 2005, permits formerly titled Special Land Use Permits are now called Conditional Land Use Permits.

In addition to permitted uses as defined in the zoning ordinance, zoning districts may have a list of land uses which are allowed through a special review and permitting process. Conditional land uses are those uses which could be appropriate in the district where they are listed, but have certain characteristics which must be managed to protect the integrity of uses permitted by right in the district.  A use listed as a conditional land use in one district may be permitted by right in another district.  However, some conditional land use characteristics make them inappropriate without special review in almost any district (e.g., salvage yards, amusement parks).

Procedures for conditional land use review, the material required for the application, and standards guiding the permit decision must be specified in the rezoning ordinance.  Authority for review and approval of conditional land uses is by the Midland City Council.

Time Required
Average time required to obtain a conditional land use permit varies between 60 to 90 days. The applicant should consult the Planning Department for advice regarding the feasibility of the intended conditional land use.

Procedure
Petitioner
The Petitioner submits an application for conditional land use permit review to the City Planning Department along with a $225 filing fee. Checks must be made payable to The City of Midland.  You can fill out the Conditional Land Use Permit Application online.

Planning Department
  • Sets a public hearing date for the petition and places a notice of the hearing in the newspaper not less than 15 days prior to the date of the hearing
  • All property owners within 300 feet of the subject property are notified of the public hearing by first class mail
  • Prepares a staff report for the Planning Commission
Planning Commission
  • Conducts a public hearing
  • Recommends approval, denial, or modified approval to the City Council within 45 days of the public hearing
City Council
  • Receives the recommendation and proposed conditional land use permit request from the Planning Commission
  • Sets date for public hearing
  • Places notice of the hearing in the newspaper not less than 15 days prior to the date of the public hearing
  • All property owners within 300 feet of the subject property are notified of the public hearing by first class mail
  • Conducts public hearing
The City Council also approves, approves with conditions, or denies permit request. A 4/5-approval vote is required upon the recommendation of denial by the Planning Commission.