A Conditional Use Permit shall be obtained for certain uses, which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions and located in specific locations within a Zone, but shall not be allowed under the general conditions of the Zone as stated in this chapter.

An approved Conditional Use Permit shall be required for each Conditional Use listed in this chapter. No building permit, other permit or license shall be issued for a Conditional Use by any officer or employee unless a Conditional Use Permit has been recommended by the Planning Commission and approved by the Town Council. (Ord. 2021-05, 10-20-2021)

Application for a Conditional Use Permit shall be available at the office of the Town Clerk or on the Town's Website. Conditional Use Permit applications shall be submitted to the Town as provided in this chapter. Applications shall be accompanied by maps, drawings, statements or other documents in accordance with the provisions of this chapter. An appropriate fee outlined in the Hatch Town Fee Resolution shall be collected at the time of submittal. (Ord. 2021-05, 10-20-2021)

A public hearing need not be held; however, hearings may be held when the Planning Commission or Town Council deem it necessary or desirable to serve the public interest. Impacted property owners shall be advised through appropriate advertising or direct contact. (Ord. 2021-05, 10-20-2021)

   A.   Planning Commission. The Planning Commission shall recommend approval, approval with modifications or deny the Conditional Use application. In recommending any Conditional Use Permit to the Town Council, the Planning Commission shall set conditions based on the standards listed in Section 10-7-7 of this Chapter.

   B.   Town Council Action. The Town Council shall approve, approve with modifications or deny recommended Conditional Use applications. In approving a Conditional Use Permit, the Town Council shall determine if the proposed use:

      1.   Has reasonable conditions proposed, or imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the applicable standards listed in Section 10-7-7 of this Chapter.

      2.   Will not be detrimental to the health, safety or general welfare of persons residing or working in the area, or injurious to the property or improvements in the area.

      3.   Is in harmony with the intent of the Town's General Plan, Zoning Ordinance and the Zoning District in which it is located. (Ord. 2021-05, 10-20-2021)

   A.   Expiration. A Conditional Use Permit shall be considered to be exercised when the application has been approved by the Town Council. When such permit is abandoned or discontinued for a period of one (1) year, it shall not be reestablished, unless authorized by the Planning Commission, Town Council or Appeal Authority on appeal.

   B.   Revocation. A Conditional Use Permit shall be revoked where the applicant fails to comply with conditions imposed by the Town. Conditional Use Permits shall be suspended upon failure to renew any associated business licenses. Upon suspension, the Planning Commission shall determine if the Conditional Use Permit is to be reissued or revoked. The Planning Commission may initiate revocation proceedings when evidence indicates the Conditional Use Permit is no longer in the public interest, or when directed by the Hatch Town Council. Conditional Use Permit holders and impacted land owners shall be granted the opportunity of a public hearing prior to any revocation. (Ord. 2021-05, 10-20-2021)

An amendment to an approved Conditional Use Permit shall be submitted to the Zoning Administrator accompanied by supporting information. The Planning Commission or Town Council shall review the amendment and shall be permitted to approve, deny or amend such amendment and impose conditions deemed necessary. (Ord. 2021-05, 10-20-2021)

   A.   A request for a Conditional Use shall be approved, approved with modifications or denied. Each request for a Conditional Use approval shall be consistent with the criteria listed as follows:

   B.   The request:

      1.   Is consistent with all applicable provisions of the General Plan.

      2.   Shall not adversely affect adjacent properties.

      3.   Is compatible with the existing or allowable uses of adjacent properties.

      4.   Can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed.

      5.   Can demonstrate adequate provision for maintenance of the use and associated structures.

      6.   Has minimized, to the degree possible, adverse effects on the natural environment.

      7.   Will not create undue traffic congestion.

      8.   Will not adversely affect the public health, safety or welfare.

      9.   Conforms to all provisions of this chapter and other applicable Town Ordinances. (Ord. 2021-05, 10-20-2021)