Each district in the town contains designated permitted uses available as a matter of right. In addition to the designated uses in each district, there are conditional uses, neither permitted as a right nor prohibited by law, which may be compatible within the district. These are privileges, which must be applied for and approved by the town.

It is the intent of this chapter to provide a set of procedures and standards for conditional uses of land or structures which, because of their unique characteristics relative to features of the location, design, size, operations, circulation and public interest or service, require special consideration in relation to the welfare of adjacent properties and the community as a whole. It is the purpose of the regulations and standards set forth below to:

A. Allow practical latitude for utilization of land and structures and maintain adequate provisions for the protection of the health, safety, convenience and general welfare of the community and adjacent properties;

B. Provide procedures for periodic review of conditional use permits to provide for further conditions to assure more appropriate conformity of such uses to the public welfare; and

C. Promote the goals of the general development plan with consideration to the aesthetic integrity of the area. (Ord. 06-10, 2006; prior code § 17-4-1)

Conditional uses which may be permitted in certain districts subject to the standards detailed herein include:

A. Utility structures, including but not limited to substations, telephone switching stations, electrical generation facilities and other facilities required for the transmission of power or communications.

B. Sewage facilities, including but not limited to pump stations, or sewage or storm water treatment plants.

C. Water systems, including, but not limited to treatment plants, storage reservoirs, pump stations or other major facilities associated with the supply or distribution of water.

D. Solid waste transfer stations and solid waste landfills.

E. Recycling centers.

F. Emergency service facilities or other public service facilities needing locations in the area to permit effective service within the area.

G. Private clubs, fraternities, sororities and lodges.

H. Elementary and high schools.

I. Institutional buildings such as hospitals, colleges and churches.

J. Day care group homes in residential districts.

K. Sending or receiving towers for radio, television or communications.

L. Bed and breakfast facilities for short stays with meal service restricted to registered guests only. (Ord. 06-10, 2006; prior code § 17-4-2)

The planning and zoning commission (or the hearing officer, in the absence of an active planning and zoning commission) may approve, approve with conditions, or deny the application for a conditional use permit. In permitting a new conditional use or the alteration of an existing conditional use, the planning and zoning commission or hearing officer may impose, in addition to those standards and requirements specified by the zoning regulations, additional conditions which it finds necessary to avoid detrimental impacts and to otherwise protect the best interests of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:

A. Limiting the manner in which the use is conducted, including restricting the time a certain activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

B. Establishing special yard, open space, parking requirements, lot area or other dimensional requirements.

C. Designating the height, size, appearance or location of a building or other structure or use.

D. Designating the size, number, location and nature of vehicle access points.

E. Designating the size, location, screening, drainage, surfacing or other improvements of a parking area or loading area.

F. Limiting or otherwise designating the number, size, location, height, and lighting of signs.

G. Limiting the intensity of outdoor lighting and require its shielding.

H. Requiring screening, landscaping or other facilities to protect adjacent or nearby property and designate standards for its installation and maintenance.

I. Designating the size, height, and location of screening and materials for a fence.

J. Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or another significant natural resource. (Ord. 22-10 § 1, 2022; Ord. 06-10, 2006; prior code § 17-4-3)

A. The provisions of this section are designed to provide siting criteria and guidelines for the imposition of additional conditions not specifically provided for herein, to the end that such uses will:

1. Be consistent with the intent and purpose of the district in which it is proposed to locate such use;

2. Meet the requirements of the general development plan with regard to providing benefit to the general welfare of the public;

3. Fill a probable need of the public, which can best be met by a conditional use at this time and in this place.

B. Conditional uses shall be located subject to the following specific standards:

1. Buffering, screening or other means shall be used where necessary to protect the privacy and safety of neighboring properties.

2. Solid waste landfills, transfer stations, natural gas storage, sewage treatment plants and electrical generating facilities shall not be in or adjacent to established residential areas.

3. Solid waste landfills, transfer stations, natural gas storage, sewage treatment plants and electrical generating facilities shall not be provided access from residential streets. Recycling centers, water reservoirs, telephone communication and switching facilities shall not provide access from residential streets.

4. The site layout conforms to the established street and circulation pattern and the general development plan.

5. Noise levels and lights from the facility will not interfere with adjacent land uses, or in any way create a nuisance. (Ord. 22-10 § 2, 2022; Ord. 06-10, 2006; prior code § 17-4-4)

A. A request for a conditional use, modification of an existing conditional use permit, or a review of an existing conditional use permit shall be initiated by the property owner or his authorized agent by filing an application with the zoning administrator, which application shall include:

1. Complete information regarding the proposed locations, area, height, bulk and placement of such use, and shall be accompanied by a site plan prepared in accordance with the provisions outlined in Title 15.

2. A vicinity ownership map drawn to scale showing all parcels in the vicinity adjacent to and surrounding the property proposed for conditional use within 300 feet of the exterior boundaries of the land subject to the application.

3. A typed or printed list containing the names and mailing addresses of the owners of parcels within 300 feet of the boundaries as indicated in subsection (A)(2) of this section and identified by the same number as on the vicinity ownership map. Correct zip codes must be shown for each address.

4. All conditional uses are subject to the citizen review process as outlined in Section 18.135.035. Required information shall be included on the application.

B. An application filed pursuant to this section shall be accompanied by the required fee. Such fee shall be determined according to a fee schedule established by the town council.

C. The building official shall review each application for technical compliance with established application requirements and shall formally accept or reject the application within five working days. (Ord. 22-10 § 3, 2022; Ord. 06-10, 2006; prior code § 17-4-5)

All applications for conditional use permits shall be considered by the planning and zoning commission (or hearing officer) and council in accordance with this chapter.

A. Prior to the public hearing, a citizen review process is required as outlined in Section 18.135.035.

B. Consideration by the Planning and Zoning Commission or Hearing Officer at a Public Hearing.

1. Public Notice. Notice of the time, date and place of the public hearing, including a general explanation of the conditional use permit, shall be given at least 15 days before the hearing in the manner outlined in Section 18.135.040.

2. The planning and zoning commission or hearing officer shall recommend approval, approval with conditions, or denial of the request based on compliance with the following findings:

a. The characteristics of the site are suitable for the proposed use, considering size, shape, location, topography, existence of improvements, and natural features.

b. Noise levels and lights from the facility do not interfere with adjacent land uses.

c. The proposed use will not alter the character of the surrounding area in any manner that substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the zoning district.

d. The proposed use satisfies those goals, objectives, and policies of the general plan that are applicable to the proposed use, specifically with regard to providing benefit to the general welfare of the public and filling a probable need of the public which can best be met by a conditional use.

e. Consistency with the intent and purpose of the zoning district in which the use is proposed to locate such use.

3. After the hearing, the planning and zoning commission or hearing officer shall render a decision in the form of a written recommendation to the council and to the applicant. The recommendation shall include the reasons for the recommendation.

C. Council Action.

1. The council may adopt the recommendations of the planning and zoning commission (or hearing officer) without holding a second public hearing if there is no objection, request for public hearing, or other protest.

2. If an objection, request for public hearing, or other protest is formally submitted, a public hearing shall be required before the council. Requests for a public hearing, objections, or protests shall be submitted no more than seven days after the planning and zoning commission or hearing officer has rendered their decision.

3. The council shall act to approve, approve with conditions, or deny the request. Any decisions must include a determination on whether the request is compliant with findings in subsection (B)(2) of this section. The zoning administrator shall notify the applicant of the council action.

4. Written notice of the council’s decision shall be forwarded to the applicant. (Ord. 22-10 § 4, 2022; Ord. 06-10, 2006; prior code § 17-4-6)

A. Any previously granted conditional use permit may be revoked by the planning and zoning commission, after a hearing conducted in the manner required for approval of the original conditional use permit, upon any one of the following grounds:

1. Failure to comply with the conditions of approval.

2. Discontinuance of the use for a period in excess of one year.

3. A change in the general development plan or requirements of the district within which the use is located that have the effect of no longer allowing a new conditional use permit application to be considered in such district.

B. Revocations shall have the effect of making the previously granted conditional use permit void until a new application is submitted. (Ord. 06-10, 2006; prior code § 17-4-7)

Unless otherwise approved, a conditional use permit shall automatically become null and void one year after the effective date upon which it was granted unless one of the following events occurs:

A. The applicant or his successor in interest has secured a building permit within said one-year period, if a building permit is required, and has actually commenced construction of the building or structure authorized by the permit within said one-year period.

B. The applicant or his successor in interest has commenced the activity or installation of the building or structure authorized by the permit within said one-year period.

C. The applicant submits a request to the zoning administrator for an extension of time on the conditional use permit to avoid the permit becoming null and void. (Ord. 22-10 § 5, 2022; Ord. 06-10, 2006; prior code § 17-4-8)