Although each zoning district is primarily intended for a predominant type of use (such as dwellings in residential districts), there are a number of uses which may or may not be appropriate in a particular district depending upon, for example, the location, nature of the proposed use, character of surrounding development, traffic capacities of adjacent streets and potential environmental effects. These factors may dictate that the circumstances of development should be individually reviewed. It is the purpose of this chapter to provide review of such uses so that the town is assured that such uses are compatible with their locations and surrounding land uses and will further the purposes of this title and meet the objectives of each zoning district as described in the town's land use plan.

(Prior code § 13-06-010)

A.

An application for approval of a conditional use may be filed by a person having an interest in the property for which the conditional use is requested, with the written consent of the owner, and shall be made on a form provided by the town. The application must include fifteen (15) copies of the following:

1.

A complete site plan illustrating:

a.

Adjacent land uses and location of adjacent structures,

b.

Boundary and size of site,

c.

Building location, height and setbacks,

d.

Off-street parking and loading areas,

e.

Points of ingress and egress,

f.

Service and refuse areas,

g.

Signs and exterior lighting,

h.

Fencing, landscaping and screening,

i.

Compliance with performance standards,

j.

Anticipated utility requirements;

2.

A time schedule for development; and

3.

Other information the applicant believes will support the application.

B.

The applicant shall furnish a list of the names and addresses of owners of property located within two hundred fifty (250) feet of the subject site.

C.

Upon review of the application, the planning commission may determine that additional information is critical to its evaluation of the application. The applicant shall be responsible for furnishing such additional information if so requested.

(Ord. 2004-12 § 5 (part); prior code § 13-06-020)

If the proposed conditional use is submitted as part of a planned unit development plan, the provisions of this chapter shall be met through approval of the planned unit development plan.

(Prior code § 13-06-030)

A.

The applicant shall submit the complete application to the town planner. Upon finding the application complete, the planner shall submit the application to the planning commission.

B.

The planning commission shall hold a public hearing to consider the application in accordance with the procedures set forth in Chapter 16.08.

C.

Within thirty (30) days following the public hearing or within such time as is mutually agreed by the planning commission and the applicant, the planning commission shall either recommend approval of the application, with or without conditions, or denial of the application to the town council.

D.

Within sixty (60) days from the date of the planning commission's written decision on an application, or within such time as is mutually agreed by the town council and the applicant, the town council shall approve the application, with or without conditions, or deny the application.

E.

An approved conditional use shall not be conducted until the planner has issued a conditional use certificate. The certificate shall be issued only after the applicant has entered into an agreement with the town specifying that all conditions imposed by the town council will be completed and that the use and improvements will be in accordance with the approved application site plan and development schedule. The conditional use certificate must be issued within one (1) year of the date of final approval by town council, or the conditional use application is deemed withdrawn by the applicant and is of no further force and effect. Town council may extend this deadline upon good cause shown.

(Ord. 2004-3 § 15 (part); prior code § 13-06-040)

(Ord. No. 2011-6, § 2, 7-5-2011)

A.

A conditional use application shall be approved only if the town council finds that the application:

1.

Is eligible for conditional review under Section 17.84.040;

2.

Is generally compatible with adjacent land uses;

3.

Meets all requirements of Section 17.84.020, is in compliance with this title and minimizes potential adverse impact of the conditional use on adjacent properties and traffic flow;

4.

Is consistent with the comprehensive plan; and

5.

The town has the capacity to serve the proposed use with water, sewer, fire and police protection.

B.

In considering an application for a conditional use, the town council may impose conditions on the application to ensure compliance with this section.

(Prior code § 13-06-050)

Editor's note— Ord. No. TC 2023-4, § 2, adopted Sept. 19, 2023, repealed § 17.84.060, which pertained to plans to be endorsed and made part of zoning map and derived from Prior code § 13-06-060.

No approved conditional use may be altered, structurally enlarged, expanded in parking area or expanded in ground area unless the site plan is amended and approved in accordance with the procedures applicable to approval of a conditional use as set out in this chapter.

(Prior code § 13-06-070)

Any use that legally existed prior to the effective date of this title shall continue as an approved conditional use upon written request of the owner or manager or similar representative of such use. In the case of such written request, the request shall be endorsed by the town council and made a permanent part of the zoning map.

(Prior code § 13-06-080)