Certain uses which may be harmonious under special conditions and in specific locations within a district, but may be improper under general conditions and in other locations are classed as conditional uses within the various districts and require conditional use permits. (Ord., 9-12-1996)

A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this title. (Ord., 9-12-1996)

A conditional use permit application shall be made to the planning commission as provided in this title. Applications for a conditional use permit shall be accompanied by maps, drawings, statements or other documents as required by the planning commission. (Ord., 9-12-1996)

A conditional use permit may be approved by the planning commission without a public hearing, except mandated as indicated by section 10-4-4, "Use Regulations", of this title. However, the planning commission may require a public hearing where any conditional use is judged to be of a controversial nature or where the best interests of the neighborhood or community are served by broader public exposure to the proposed use. (Ord., 9-12-1996; amd. 2016 Code)

The planning commission may permit a conditional use to be located within any district in which the particular conditional use is permitted by the use regulations of this title. In authorizing any conditional use, the planning commission shall impose such requirements and conditions as are necessary for the protection of adjacent properties and the public welfare. The planning commission shall not authorize a conditional use permit unless evidence presented is such to establish:

   A.   Such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, and that the proposed use of the particular location is necessary or desirable and that provides a service or facility which will contribute to the general well being of the neighborhood and the town.

   B.   The proposed use will comply with regulations and conditions specified in this title for such use.

   C.   The planning commission shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use. (Ord., 9-12-1996)

Following the issuance of a conditional use permit, the building inspector may approve an application for a building permit, provided the development is undertaken and completed in compliance with said conditional use and building regulation. (Ord., 9-12-1996)

   A.   A conditional use permit for temporary uses may be issued for a maximum period of six (6) months, with renewals at the discretion of the planning commission for not more than three (3) successive periods thereafter.

   B.   Unless there is substantial action under a conditional use permit within a maximum period of one year of its issuance, the permit shall expire. The planning commission may grant a maximum extension for six (6) months. (Ord., 9-12-1996)

The planning commission shall revoke a conditional use permit if there is a substantial violation of the conditions placed on the permit. The commission shall give notice to the permit holder prior to revocation and the right to a hearing before the planning commission. (Ord., 9-12-1996)

Any person shall have the right to appeal the decision of the planning commission to the town council. (Ord., 9-12-1996)