It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses, which, due to their nature, require special consideration of their impact on the neighborhood, and land uses in the vicinity.

(Ord. 541 § 1 (part), 1999)

The conditional uses listed in the specified use districts require a conditional use permit in order to locate and operate in an appropriate zone district within the town.

(Ord. 541 § 1 (part), 1999)

Application for conditional use permit shall be filed with the planning department on forms prescribed by that office. A filing fee as indicated in the fee schedule (Ch. 17.88), shall accompany all applications. The planning commission will review applications for conditional use permits and the recommendations will be passed to the city council for final action. The planning commission may recommend to the city council denial, approval, or approval with conditions. Conditional use applicants must adhere to all applicable public notification requirements. Denial of conditional use permit applications is not appealable. All conditional use permits are subject to design review procedures.

(Ord. 541 § 1 (part), 1999)

The following criteria shall apply in granting a conditional use permit:

A.

The proposed conditional use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed conditional use or in the district in which the subject property is situated;

B.

The proposed conditional use shall meet or exceed the performance standards that are required in the district it will occupy;

C.

The proposed conditional use shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design as approved by the board of architectural review.

D.

The proposed conditional use shall be consistent with the goals and policies of the comprehensive land use policy plan;

E.

All measures have been taken to minimize the possible adverse impacts, which the proposed use may have on the area in which it is located.

(Ord. 541 § 1 (part), 1999)

A conditional use permit (CUP) shall automatically expire one year after a notice of decision approving the permit is issued unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date a notice of decision approving the permit is issued. The planning commission or city council, on appeal, may authorize longer periods for a conditional use permit if appropriate for the project. The planning commission or city council, on appeal, may grant a single renewal of the conditional use permit if the party seeking the renewal can demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the original application for a conditional use permit was granted, which would not warrant such a renewal. No public hearing is required for a renewal of a conditional use permit.

(Ord. 541 § 1 (part), 1999)

A.

The planning commission may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds:

1.

That the approval was obtained by deception, fraud, or other intentional and misleading representations;

2.

That the use for which such approval was granted has been abandoned;

3.

That the use for which such approval was granted has at any time ceased for a period of one year or more;

4.

That the permit granted is being exercised contrary to be the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulations; or

5.

That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety.

B.

Any aggrieved party may petition the planning commission in writing to initiate revocation or modification proceedings.

C.

Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this chapter for the initial consideration of a conditional use permit application.

(Ord. 541 § 1 (part), 1999)

A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the planning commission or city council, on appeal, determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to one hundred twenty-five percent of the cost of the installation or construction of the applicable improvements.

(Ord. 541 § 1 (part), 1999)

An application for a conditional use permit, which has been denied, may not be resubmitted within six months from the date of planning commission or council disapproval, whichever is later.

(Ord. 541 § 1 (part), 1999)