Can a conditional use permit be required under a police power ordinance?
A. No. As explained above, municipalities were only granted the authority to require conditional use permits in connection with zoning. The authority to enact so-called “police power” ordinances (such as traffic control, tattoo parlor or noise ordinances) comes from a different statute, RSA 31:39. That statute does not give municipalities the power to include a conditional use permit requirement in those ordinances. Similarly, the statutes that grant municipalities the power to regulate certain specific activities including open-air movie theaters (RSA 31:41), motor vehicle race tracks (RSA 31:41-a), and hazardous embankments (RSA 31:41-b) do not authorize conditional use permits. This means that a municipality cannot require conditional use permits in connection with these ordinances because the legislature has not included that in its grant of power. Q. How are innovative land use controls and conditional use permitting requirements enacted and administered? A. These requirements are
Related Questions
- If I apply for rezoning, special use permit or conditional use permit and it is not approved, will the application fee of $175.00 be returned to me?
- Some COBO consents are conditional on there being a fund permit under the CIF. Do such consents remain valid?
- May city require a conditional use permit for a group home for persons considered disabled or handicapped?
