(a)

To allow for uses within a zoning district which, by the conditions, are made compatible with the primary uses of the district.

(b)

To give the use regulations the flexibility necessary to achieve the objectives of this title and to account for the widely varying needs of some uses, certain conditional uses are permitted in each district subject to the granting of a conditional use permit. Conditional uses include various types of public and private structures and uses which do not precisely fit into the zoning district classifications. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of this title and with respect to their effects on surrounding properties. To achieve these purposes, the planning commission or zoning administrator is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.

(Ord. 785 § 3(b) (part), 1994)

The application for a use permit shall be filed with the planning department on the prescribed form, and shall be accompanied by the required fee and all supporting materials listed on the form.

(Ord. 785 § 3(b) (part), 1994)

For applications to be heard by the planning commission, the planning department shall make an investigation of the application and shall prepare a written report thereon, which shall be submitted prior to the public hearing.

(Ord. 785 § 3(b) (part), 1994)

The planning commission shall hold at least one duly noticed public hearing on each application for a use permit, or for its revocation or modification. The hearing shall be set and notice given as prescribed in Chapter 18.36, Administration.

At the public hearing, the planning commission shall review the application and the drawings and other documents submitted therewith, and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which the use would be operated or maintained, particularly with respect to the findings prescribed in Section 18.26.050.

For use permit applications reviewed by the zoning administrator, no public hearing need be held. Notice shall be given as prescribed in Chapter 18.36, Administration. The notice shall be mailed at least ten days before a decision is reached by the zoning administrator. The zoning administrator shall review the application and the drawings and other documents submitted therewith, and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which the use would be operated or maintained, particularly with respect to the findings prescribed in Section 18.26.050.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 931, § 24, 3-20-2012)

(a)

The planning commission or zoning administrator may grant an application for a use permit as it was applied for or in modified form, if, on the basis of the application and the evidence submitted, the planning commission or zoning administrator makes all of the following findings:

(1)

The proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located;

(2)

The proposed location of the conditional use and the proposed conditions under which the use would be operated or maintained will not be detrimental to the public health, safety or welfare;

(3)

The proposed conditional use will comply with the general plan and with each of the applicable provisions of this title.

(b)

The planning commission may grant an application for a use permit for any liquor store, and for offices and financial institutions if it makes all of the following additional findings:

(1)

The proposed use will not generate more traffic or require more parking than other uses serving the day-by-day living needs of the immediate neighborhood;

(2)

With the proposed use, the mix of businesses in any neighborhood shopping center, as classified in the general plan, will continue to service the day-by-day living needs of the immediate neighborhood;

(3)

With the proposed use, financial institutions and offices will remain subordinate in area, extent and purpose to retail uses;

(4)

The use will not increase the incidence of loitering, vandalism, pedestrian obstruction, excessive noise or any other activity that may have a significant and adverse effect on adjacent properties, or properties in the vicinity.

(c)

The planning commission may grant an application for a use permit for commercial amusement devices (three or more) if it makes the additional finding that the use will not increase the incidence of loitering, vandalism, pedestrian obstruction, excessive noise or any other activity that may have a significant and adverse effect on adjacent properties, or properties in the vicinity.

(d)

A use permit may be revoked, may be granted for a limited time period, may be granted subject to such conditions as the planning commission may prescribe, or may be denied. Once granted, a use permit may be revoked subject to the provisions of Section 18.26.070.

(e)

A use permit shall become effective upon the expiration of ten days following the date on which the permit was granted unless appeal has been made to the town council, or unless the council has acted to review the decision of the commission.

(f)

The planning commission may grant an application for a use permit for a drive-through restaurant if it makes all of the following additional findings:

(1)

Drive-through service windows, outdoor dining areas, driveways and queuing lanes have been appropriately sited and designed to avoid interference with uses on adjacent properties. Consideration may include, but is not limited to, noise from amplification systems, speakers, music and outdoor dining areas, odor, refuse, headlight glare, or any other potential impacts that may interfere with uses on adjacent properties.

(2)

As determined through an independent transportation analysis, the drive-through lane provides adequate on-site capacity and length to meet the anticipated demand for the drive-through lane on the site.

(3)

The proposed restaurant does not have substantially the same design as the same restaurant in another location.

(4)

The restaurant with drive-through will not significantly increase vehicular circulation through or immediately adjacent to residential neighborhoods located within the vicinity of the project site.

(Ord. 842 § 1, 1999; Ord. 785 § 3(b) (part), 1994; Ord. No. 976, § 5, 6-19-2018)

Notice of the zoning administrator's or planning commission's decision shall be mailed to the applicant and to all those requesting, in writing prior to the decision, to be informed of the decision on the application.

Approval of a conditional use permit may be granted subject to such conditions as the zoning administrator or planning commission may prescribe, or may be denied.

A conditional use permit shall become effective upon the expiration of ten days following the zoning administrator's or planning commission's action, unless appeal has been made to the planning commission or town council, or the matter has been called up for review by a member of the planning commission or town council as provided by Chapter 18.34, Appeals.

Notwithstanding the above and the provisions of [Sections] 18.34.020 and 18.34.030, an appeal from a decision of the zoning administrator relating to a conditional use for keeping of honey bees or chickens may be made only to the planning commission. Decisions of the planning commission shall be final.

(Ord. No. 931, § 25, 3-20-2012)

A use permit approval shall lapse and shall become null and void one year following the date on which the use permit becomes effective, unless, prior to the expiration of one year, a building permit is issued and is active per Building Code requirements on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the site or the structure which was the subject of the use permit application. A use permit approval may be renewed for an additional period of one year, provided that, prior to the expiration of one year from the date when the use permit originally became effective, an application for renewal of the use permit is filed with the planning department. The planning director may grant an application for renewal of a use permit where no change in the original application or any condition of approval thereof is requested, but an application for renewal involving any change from the original application or approval conditions shall be treated as a new application for a conditional use and shall be subject to all applicable provisions of this chapter.

The use permit shall lapse and shall become null and void six months following the lapse of the use for which the use permit was issued. (Ord. 785 § 3(b) (part), 1994)

(Ord. No. 910, § 34, 4-21-2009)

(a)

Grounds for Revocation or Modification. A use permit may be revoked or modified pursuant to the provisions of this section if the planning commission makes one or more of the following findings:

(1)

The use permit was obtained or extended by fraud;

(2)

One or more of the conditions of approval has been violated;

(3)

The use or its operation violates applicable provisions of the municipal code, or any state or federal law;

(4)

The use is so conducted as to be detrimental to the public health, welfare or safety, or as to be a nuisance.

(b)

Initiation of Action. An action to revoke or modify a use permit may be initiated by order of the town council, planning commission or the zoning administrator. The order shall set forth grounds for revocation or modification.

(c)

Public Hearing. The planning commission shall hold a duly noticed public hearing as prescribed in Chapter 18.36, Administration, on the revocation or modification of the use permit within sixty days after the order is issued and may revoke or modify the use permit if, on the basis of the evidence submitted, the planning commission makes any one of the findings listed in subsection (a) of this section.

(Ord. 785 § 3(b) (part), 1994)

Violation of a use permit, or of any required condition, constitutes a violation of this title.

(Ord. 785 § 3(b) (part), 1994)

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit, unless the denial or revocation is made without prejudice.

Notwithstanding the above paragraph, following the revocation of a use permit for an additional dwelling unit in the area governed by the maximum capacity overlay district, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of revocation of the use permit.

(Ord. 785 § 3(b) (part), 1994)