Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this title to permit conditional uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this chapter to establish principles and procedures essential to proper guidance and control of such uses.

(Ord. 2007-004 § 1 (part))

A.

Zoning district regulations established elsewhere in this title specify that certain buildings, structures and uses of land may be allowed by the commission as conditional uses in a given district, subject to the provisions of this chapter and to requirements set forth in district regulations. The planning and zoning commission is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon them.

B.

Any building, structure or existing use on the effective date of the ordinance codified in this title which is reclassified as a conditional use by this title for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this title, and its continuance shall not be subject to issuance of a conditional use permit; provided, however, to the extent that such fails to conform to the requirements of this title, it shall be considered nonconforming as described in Chapter 17.96, and its continuance shall be governed by all nonconforming use regulations applicable thereto.

C.

Every conditional use permit issued shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the zoning administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the conditional use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this title, shall be the responsibility of the property owner.

(Ord. 2007-004 § 1 (part))

Application for a use permit shall be filed with the zoning administrator on a form prescribed by the commission. The application shall be forwarded to the planning and zoning commission by the zoning administrator, and when required by the commission, shall be accompanied by a detailed site plan prepared in accordance with Chapter 17.88 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this title. The applicant shall furnish the commission any additional information it may consider relevant to the investigation of the case.

(Ord. 2007-004 § 1 (part))

A.

It is the express intent of this title that any use for which a conditional use permit is required shall be permitted in the particular zoning district, provided that all special conditions and requirements of this title are met. Therefore, the action of the commission shall be one of approval or denial based upon its judgment as to whether the specified conditions have been or will be met.

The commission shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The title may make such suggestions as it considers desirable and shall provide all possible guidance to the applicant in his preparation of application, plans and data in such manner as to satisfy the intent of this chapter.

B.

Notice of the nature of the conditional use permit application and the date of the meeting at which it will be considered shall be posted on the property, and shall be mailed to the owners of all real property within three hundred (300) feet of the property for which application is made.

C.

The commission shall consider the application at their next regular meeting if the application was filed at least twenty (20) days prior to such meeting. Otherwise it shall be carried over until the next regularly scheduled meeting. The commission may reach a decision, continue the matter to a specified date (but not later than the next regularly scheduled meeting), or may set the matter for public hearing. If the commission does set the matter for public hearing, notice thereof shall be given to the public by publication of a notice in the official newspaper of the town and by posting the property included in the application, not less than fifteen (15) days prior to the hearing. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected.

D.

In order to grant any use permit, the findings of the commission must be that the establishment, maintenance or operation of the use or building applied for, will not be detrimental to the public health, safety, peace, convenience, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the town.

E.

The commission may designate such conditions in connection with the use permit as it deems necessary to secure the intent and purposes of this title, and may require such guarantees and evidence that such conditions are being or will be complied with.

F.

If the commission finds that the application and supporting data does not indicate that all applicable conditions and requirements of this title will be met, it shall deny the permit. Notice of denial, including reasons therefor, shall be mailed to the applicant at the address shown in the application, and the commission shall report its actions to the council at its next regular meeting.

G.

If the commission approves the application, it shall direct the zoning administrator to issue a conditional use permit setting forth all conditions and requirements governing such use, shall make the approved site plan a part of the record of the case, and shall report its actions to the council at the next regular meeting. Failure of the applicant to comply with the conditions and safeguards which are a part of the terms under which a conditional use permit is granted, shall be deemed a violation of this title and punishable under Section 17.04.050.

(Ord. 2007-008 § 1; Ord. 2007-004 § 1 (part))

A.

Any person may file an appeal with the town council over any decision of the planning and zoning commission regarding the granting or denying of use permits. If no appeal is filed with the council within fifteen (15) days after commission action, the action of the commission shall be considered final.

B.

When a written appeal is filed with the town clerk, the council shall evaluate the request at their regular meeting and may approve or deny it. The council may elect to set the matter for a public hearing, and if such action is taken, a legal notice shall be published at least once in the official newspaper of the town at least fifteen (15) days prior to the hearing date, and the property included in the application shall be posted at least fifteen (15) days prior to the hearing date.

Notice shall be given to the planning commission of such appeal and the commission shall submit a report to the council setting forth the reasons for its action taken. The commission shall be represented at the hearings by the commission chairman or his designee.

C.

The council shall within fifteen (15) days after its regular meeting or public hearing, either uphold the action of the planning and zoning commission, reverse that action or make a decision of its own.

D.

If the council makes a decision which upholds granting of a permit, the council may designate such conditions in connection with the permit as it deems necessary to secure the intent and purpose of this title, and require such guarantees and evidences that such conditions are being or will be complied with.

E.

The council's decision shall be final and shall become effective immediately. Notice of the decision shall be mailed to the applicant at the address shown in the application.

(Ord. 2007-004 § 1 (part))

A.

Use permits become effective fifteen (15) days after approval by the planning commission, but in the event an appeal is filed, said permit shall not become effective until a decision is arrived at by the town council.

B.

Any use permit issued by the planning and zoning commission shall be commenced within six months from the date of approval, and diligently pursued, otherwise it shall become null and void. The commission shall establish a time limitation for all use permits and at the termination of this time limit, the commission shall reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated.

C.

No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot or parcel of land within a period of one year from the date of denial or revocation of said use permit.

(Ord. 2007-004 § 1 (part))

A.

Use permits granted in accordance with the provisions of this title may be revoked if any of the conditions or terms of the permit are violated, or if any law or ordinance is violated in connection therewith. The zoning administrator shall notify the permittee of a violation or termination of a use permit by mail. If no attempt to change the violation is made within ten days after notification, the permit shall be removed and considered null and void.

B.

Any use permit issued by the planning and zoning commission shall be considered null and void if the use does not conform to the originally approved conditional use permit. Any deviations requested from the originally approved conditional use permit, shall be processed as a new use permit.

(Ord. 2007-004 § 1 (part))

The application for a conditional use permit shall be accompanied by a filing fee in an amount established by a schedule adopted by ordinance or resolution of the council fee schedule and filed in the office of the town clerk. No part of the filing fee shall be returnable. Payment of the filing fee shall be waived when the petitioner is the town, county, state or federal government.

(Ord. 2007-004 § 1 (part))