Planning Process
Conditional Uses
A BASIC GUIDE TO CONDITIONAL USES IN THE CITY OF LAWRENCE AND THE UNINCORPORATED AREAS OF DOUGLAS COUNTY, KANSAS.
The following information is provided to assist individuals who wish to request approval of a conditional use of property within the City of Lawrence or in the unincorporated areas of Douglas County. This is only a guide. Should you have further questions, please call the Planning Office at (785) 832-3150 to schedule an appointment with the 'Planner of the Day'.What are Conditional Uses?
The City Zoning Ordinance and the County Zoning Regulations identify specific uses which may be desirable in the community, but which require special consideration and review. These uses may be unique in nature, require large land areas, require greater density than surrounding uses, but may be in the public interest to be permitted in a specific location. The City Zoning Ordinance identifies these uses as Special Use Permits (SUP). The County Zoning Regulations list conditional uses which are permitted through the Conditional Use Permit (CUP) process in Section 19-1.Who will approve the Conditional Use Permit?
The City Commission, after recommendation from the Lawrence-Douglas County Metropolitan Planning Commission, may approve a SUP requested in the city. The County Commission, after recommendation from the Lawrence-Douglas County Metropolitan Planning Commission, may approve a CUP requested in the unincorporated area of the county. Approvals must be based on a finding that the proposed use will not adversely affect the general welfare of the community.How do you get started?
Call the Planning Office to schedule a pre-application meeting with one of the planners. At this meeting, you will review your proposed use and existing and proposed plans/policies which may affect your property. It is helpful if you can bring the address and/or legal description of the property and your tentative plans for using the property. Here, the planner will discuss with you additional information that will be needed before a request is submitted, procedures, fees and the Planning Commission meeting schedule.What do you need to submit?
A complete SUP request includes: a completed application form; a $50 application fee; copies of a site plan meeting the requirements outlined in Section 20-1306 of the Land Development Code; and a certified list of all property owners within 200 feet of the subject property. In addition, all submittal materials must be provided in an electronic format.A complete CUP request includes: a completed application form; a $100 application fee; copies of a site plan meeting the requirements outlined in Section 19A-4 of the County Zoning Regulations; and a certified list of all property owners within 1000 feet of the subject property. The property ownership list may be obtained from the County Clerk's office located at 1100 Massachusetts Street.
Applications must be submitted according to the Planning Commission meeting calender to provide time for the necessary legal publications, notification of adjacent property owners and the Planning Office review process. Planning Commission meetings are typically held on Monday and Wednesday of the fourth week of each month beginning at 6:30 p.m. in the City Commission Room at City Hall.
See Adopted calender here
What happens at the Planning Commission meeting?
The Planning Commission will hold a public hearing to consider your request. You or your representative must be present to explain your request. Adjacent property owners and other interested individuals will be allowed to speak at the public hearing.Following the public hearing, the Planning Commission will discuss your request and make a recommendation to the City or County Commission. The recommendation may be for approval, approval with conditions or denial.
What happens next?
Approximately three weeks after the Planning Commission meeting, the request and the Planning Commission's recommendation will be considered by the City or County Commission. You or your representative should plan to attend the meeting to explain the request. The governing bodies may approve, approve with conditions, defer or deny the request.If the SUP or CUP is approved, the conditions imposed must be met before a stamped site plan will be issued to the Development Services Division or County Zoning Administrator. Building permits cannot be issued before plans have been released to them.
