by Andrew Getty
What are Standard and Conditional Uses? Great question.
A standard use is one identified by the local zoning ordinance not requiring any special board oversight or approval.
It may be possible that a building permit would be required from the Code Enforce-ment Officer, but that’s it.
And even that may not be required depending on what was being proposed.
The Conditional Use is identified, again by the zoning ordinance, as a use that requires more oversight than what the Code Office is allowed to do by law.
Usually the Planning Board has the jurisdiction to offer Conditional Use approval.
A Conditional Use is an activity that may be acceptable in a certain location, or may not be.
The use may have different potential impacts on the community as compared to a Standard Use.
The board can approve, approve with conditions or even deny. For either decision the board must have reasonable rationale.
A simple example is the construction of a house. Almost always the construction of a new house is a Standard Use.
The Code Officer can review the application for the house to verify compliance with setbacks, other local zoning issues, state building codes and fire codes, and sanitary codes.
If everything seems in order, he/she can issue a building permit without any additional oversight by a board.
It is impossible to list every conceivable use or activity in a zoning ordinance.
Therefore, if the zoning ordinance does not specifically identify a particular use, then the use that is identified as closest may apply. Like the term “outdoor recreational activities”… what does that include?
The zoning ordinance does list hiking, skiing, picnic, beach, recreational vehicular trail and horseback riding. But then it adds one last category… and other outdoor non-intensive use.
Interpretation, common sense, and generally accepted definitions would prevail.
Depending on the Zoning District, Standard and Condi-tional Uses vary a little from district to district.
In the RV (Residential Village) Districts, there are hardly any commercial or business uses allowed. RV Districts are in the “village” streets of Old Forge, some near Thendara and in Eagle Bay. Mainly heavily concentrated residential neighborhoods having public sewer or water (Eagle Bay being a little different).
In RV the only Standard Use is single family homes. Commercial and business activities are generally prohibited.
All commercial uses such as retail, restaurant, professional offices, bars, woodshops, health centers, kennels or breading houses are simply prohibited.
This office has been asked recently how a particular application for a Conditional Use that is before one of the boards can propose what they are doing, because a portion of the property involved is zoned RV.
That’s another good question. Certainly if you look at just the zoning maps and Use Charts, you would determine that the proposed use, in the RV section, is just plain prohibited.
As in a previous article, when a zoning District boundary divides a property, the uses allowed in the less restrictive zoning district may extend up to fifty feet into the more restrictive zoning district.
However, at the same time this becomes Conditional Use subject to the approval of the Planning Board.
Due public notice and hearings are required.
Enough rambling on Standard and Conditional Uses. To summarize, the Code Office generally can issue permits for new homes, additions and most residential projects without the need to go to the Planning Board.
On the flip side, almost any type of commercial or business project shall go to the board.
Each Town and Village may have similar regs, but never exactly the same. Call your code office in your area if you have any questions.
Know before you do something.