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No.

2006AP450

purpose of the conditional use permit.

First,

conditional uses

devices, "which

are

a particular

use,

are flexibility situations where

designed although

to not

cope with inherently

inconsistent with the use classification of a particular zone, may well create special problems and hazards if allowed to develop and locate as a matter of right in [a] particular zone." Id. at 701; see also Gail Easley, Conditional Uses: Using Discretion, Hoping for Certainty, American Planning Association Zoning Practice, May 2006, at 2 (identifying conditional uses as flexibility devices).

¶24

Second,

conditional

use

permits

are

appropriate

for

"certain uses, considered by the local legislative body to essential or desirable for the welfare of the community . .

.

be ,

any

location .

"

Mandelker,

Thus,

those use

but

not

at

every or

.

.

.

or without

conditions

being

imposed .

.

(citation

omitted).

.

s

supra, subject

§ 6.54,

at

6-61

to

a

conditional

use permit are necessary to the community, but because they often represent uses that may be problematic, their development is best governed more closely rather than as of right.

¶25 "Conditional use permits"——also referred to "conditional uses"——however, should not be confused "conditional-use district zoning"12 or "conditional zoning."

as with In

12 "Conditional-Use District Zoning" is also known as "conditional-use zoning" or "special-use district zoning." David W. Owens, Legislative Zoning Decisions 93 (2d ed. 1999).

For an example of a reference to conditional-use Village Creek Property Owners' Association, Inc., v

zoning, see . The Town of

Edenton, 520 S.E.2d 793, 796 (N.C. App. 1999).

14

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