The purpose of a conditional use permit is to allow for the review of uses which are not permitted throughout a zoning district. Through the use of controls on the number, area, location, or relation to the area, these non-permitted uses may be found to be compatible with the health, safety, and general welfare of the community. As the character of the neighborhood containing the request is an issue, the procedure is intended to allow and encourage broad public review and evaluation of the use and to insure adequate mitigation of potentially unfavorable impacts.

Any use not shown as permitted in the zoning district in which the use is being requested shall require a conditional use permit prior to initiation of the use. As a conditional use permit is issued relative to the use of a property, any change in ownership of the property shall require notification to the Planning Commission of the Town of Ranchester. The Planning Commission shall then notify the new owner of the requirements of the conditional use permit under which the property is operating.

A person desiring to obtain a conditional use permit shall apply in writing to the Planning Commission. All applications for conditional uses shall be on a form prescribed by the Planning Commission and shall, at the minimum, contain the following information:

1. Name, address, and telephone number of the person applying for the permit;
2. Legal description and common street address of the property for which the conditional use permit is sought;
3. Current zoning and use of the property;
4. Current zoning and land use within a three hundred (300) foot radius of the property;
5. A written description of the proposed use and how the proposed use will meet the requirements of Section 15-51-150 of this Chapter; and
6. A stamped, pre-addressed business-sized envelope for each property owner within a three hundred (300) foot radius of the boundary of the property for which the conditional use permit is sought.
   

At the time an application for a conditional use permit is submitted to the Planning Commission, a uniform fee established by Town Council resolution shall be paid by the applicant.

Upon receipt of a complying application for a conditional use permit, the Planning Commission shall set the matter for a public hearing and shall mail or deliver written notice of the date, time, and place of the hearing to the applicant and all owners of private real property within a three hundred (300) foot radius of the perimeter of the property in question. Such written notice shall be provided at least thirty (30) days in advance of the public hearing date. In addition, notice of the date, time and place of the hearing shall be published at least thirty (30) days prior to the public hearing date. The Planning Commission shall hold the public hearing and make a recommendation to the Town Council. A public notice shall be published at least fifteen (15) days before the Town Council’s meeting at which the application will be considered. The Town Council, upon receipt of the recommendation of the Planning Commission, shall hold a hearing and shall have discretion in the consideration of the health, safety, and welfare of the public to approve or deny a conditional use permit or to apply conditions of approval which would mitigate potentially unfavorable impacts.

The conditional use permit application shall be reviewed relative to the following criteria:

1. Conformance with the spirit, purpose, and intent of this Title;
2. Compatibility with existing or permitted uses in the area surrounding the property for which the conditional use permit is sought, considerations may include but not be limited to building height, bulk and scale, setbacks and open spaces, landscaping and site development, and access and circulation features;
3. Potential impacts to permitted uses in the area;
4. Location, lighting, and type of signs, and relation of signs to traffic control and adverse effect on adjacent properties; and
5. Safety and convenience of vehicular and pedestrian circulation, considering traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area, and considering existing zoning and land uses in the areas.
   

1. If the conditional use permit is approved, reasonable conditions or modifications may be imposed including, but not limited to, time limitations, requirements that one or more things be done before construction is initiated, or conditions of a continuing nature. Conditional approval of an application for a conditional use permit to ensure compliance with the goals of the land use requirements of the town of Ranchester may include, but are not limited to, the following considerations:
   1. Limits on length of approval for use;
   2. Limits on the hours of operation of use;
   3. Limits on activities within a use;
   4. Approval of building elevation designs;
   5. Approval of accessory uses to the primary use;
   6. Site ingress and egress;
   7. Approval of vehicular and pedestrian site circulation;
   8. Location of parking
   9. Location of loading and docking facilities;
   10. Need for fencing and type of required fencing or other screening devices;
   11. Location, height, and dimensions of signs; and
   12. Other conditions which may be appropriate to ensure compatibility with land uses and traffic patterns in the area.
2. Upon the performance of all conditions, if any, set forth in the conditional use permit and the continued performance of all conditions of a continuing nature, the use shall be considered a permitted use.
   

In any case in which a conditional use permit has not been exercised and the work completed by the person named in the permit within one year from the date of issuance, the permit shall be void and have no further force or effect.

No conditional use may be modified, structurally enlarged, or expanded in ground area, unless such is allowed by the terms of the permit, until and unless the conditional use permit is amended and approved in accordance with this Title.

Should the conditions of approval for a conditional use permit not be met or should the use increase beyond what was originally presented, the Town Engineer/Planning Commission may bring the matter before the Town Council for revocation of the conditional use permit. Before revoking any conditional use permit, the Town Council shall provide notice to the property owner of the grounds for a revocation and an opportunity to respond. (Ord. 241, 2011)