A conditional use permit is required for any land use that is classified as a "conditional use" under chapter 7A. A conditional use permit allows proper integration of uses into the community that may be suitable only in specific locations, may be consistent with the purpose of a zone district only under certain circumstances, and may have potentially detrimental effects to surrounding properties if not properly designed, located, and conditioned.

To apply for a conditional use permit, an applicant must submit a completed application on a form that is provided by the Town. The application must be filed with the Director of Community Development, who will review the application for completeness.

A.

Application requirements: An application for a conditional use must contain all of the following information:

1.

Name and address of the applicant.

2.

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision does not apply to a proposed public utility right-of-way.

3.

Address and legal description of the property.

4.

Statement indicating the nature of the proposed use and sufficient data or information to establish that the use will conform to the standards prescribed in sections 10-3A-3 and 10-3A-4 of this chapter.

5.

Current property ownership information necessary to satisfy notification requirements, which shall include names and addresses of all owners of adjacent property.

6.

Plats, plans, or drawings drawn to scale showing the location and dimensions of all buildings and structures, streets, vehicle circulation patterns, parking, landscape and open space areas, signs or other information as appropriate to the application. Elevation plans must be of sufficient detail to indicate the type and color of building materials, and shall indicate materials to be employed and methods of screening provided. Preliminary landscape and irrigation plans that incorporate the landscaping requirements of this title must be included in the submitted plans.

7.

Plans and/or preliminary report describing the proposed provisions for storm drainage, sewage disposal and other public improvements and utilities.

8.

The appropriate filing fee as established by resolution of the Town Council.

B.

Review of application: No application for a conditional use permit may be scheduled for a public hearing until the Director of Community Development has reviewed the application and determined that it is complete. If the application is complete, it will be forwarded to the Planning Commission for its review and recommendation to the Town Council.

C.

Planning Commission review at public hearing: The Planning Commission will schedule and hold a public hearing before making its recommendation to the Town Council regarding the conditional use permit. Within 30 days following the closing of the public hearing on a conditional use permit application, the Planning Commission will issue its recommendation on the application to the Town Council.

D.

Town Council review at public hearing: After receiving a recommendation from the Planning Commission, the Town Council will schedule and hold a public hearing at its next regular meeting before making its decision on the conditional use permit.

E.

Conditions to run with the land: Conditions imposed by the Town Council run with the land and are binding on the property owner(s) and any successor.

F.

Effective date of use permit: The decision of the Town Council granting a conditional use permit will be null and void unless within 30 days from the date of the decision an agreement to the conditions of approval is signed by the applicant, or in the alternative, an appeal of the conditions is timely filed in accordance with chapter 6 of this title.

G.

Appeals: To be valid, an appeal of the Town Council's decision regarding a conditional use permit application must be filed in accordance with chapter 6 of this title within 30 days of the date of Town Council's decision or action.

H.

Expiration: Unless otherwise specified in the action granting a conditional use permit, a permit that has not been used within 365 days from its effective date will become null and void. Once any portion of the conditional use permit is used, the other portions and conditions related thereto become immediately operative and must be strictly observed. Use of a permit includes pouring of concrete, or commencement of framing on construction, or commencement of the use or uses for which the permit was granted, and reasonable progress thereafter toward full completion of the contemplated project.

In considering what conditions may substantially mitigate the detrimental effects of the use, the Planning Commission and Town Council must each find that the following general standards have been met or can be met through the imposition of the proposed conditions on the use:

A.

The proposed use must comply with all applicable land use standards contained in this title.

B.

The proposed use must not unreasonably interfere with the lawful use of surrounding properties.

C.

The proposed use must not create a need for essential municipal services that cannot be reasonably met within three months and the party seeking the conditional use is willing and able to contribute to the cost of the services.

D.

The proposed use shall not emit excessive noise or noxious odors, and shall not otherwise adversely impact the quality of air or water.

1.

If located either in or less than 100 feet from a residential zone, the proposed use shall not create loud noise that is sustained for more than one minute and is perceptible on a residentially zoned property after 11:00 p.m. or before 7:00 a.m.

E.

If the proposed use abuts a residential zone, the applicant shall provide a screening fence or wall at least six feet in height along the common boundary between the proposed use and the residential zone.

F.

If the proposed use is projected to generate more than ten vehicular trips per day, the use must be located on a dedicated public street.

In addition to the general standards found in section 10-3A-4, the Planning Commission and the Town Council will consider the following specific standards for each type of conditional use when reviewing an application. The commission may recommend and the council may impose reasonable conditions on the proposed use to bring the use into compliance with these standards.

A.

Standards for conditional uses in the Foothill Residential Zone: None at this time.

B.

Standards for conditional uses in the Valley Residential Zone: None at this time.

C.

Standards for conditional uses in the Agricultural Zone: None at this time.

D.

Standards for conditional uses in the Central Commercial Zone: None at this time.

E.

Standards for conditional uses in the Village Commercial Zone: None at this time.

(Ord. No. 2022-09, § 2, 6-22-2022)

A.

The Town Council may suspend or revoke a conditional use permit in accordance with this section. A conditional use permit may be suspended after issuing notice to the permit holder and holding a hearing, and only if the Town Council finds one or more of the following:

1.

The permit was obtained by misrepresentation or fraud;

2.

A condition imposed upon said use permit was violated or has not been met; or

3.

The detrimental effects of the use are not substantially mitigated by the conditions and no modification or substitution of said conditions will serve to substantially mitigate such detrimental effects.

B.

If a conditional use permit is suspended, it is unlawful to continue to engage in the conditional use during the suspension. To request that a suspension be lifted, a permit holder must demonstrate compliance with all of the conditions of the permit and apply to the Planning Commission and Town Council to lift the suspension by following the application procedures outlined in section 10-3A-2 of this chapter.

C.

If the Town Council revokes any permit under this section, the holder of the permit may appeal the revocation to the appeal authority in accordance with chapter 6 of this title.

It is unlawful to engage in any use that is classified as a "conditional use" under chapter 7A without a valid conditional use permit that authorizes the use. A conditional use permit that is suspended or revoked is not a "valid conditional use permit" under this section. A person who violates any part of this chapter is subject to the penalties of chapter 4.