Wilbur City Zoning Code

In harmony with the general purpose and intent of this title and in accordance with the provisions set forth herein, the planning commission may hold hearings and recommend that the town council grant a conditional or unclassified use permit. The town council, upon receipt of the planning commission recommendations, shall consider an application for a conditional or unclassified use permit.

The planning commission may require that any conditional or unclassified use permit be submitted on a special form to be available at town hall.

Public hearings on applications for conditional or unclassified use permits shall be held by the planning commission and recommendations shall be made to the town council. The town council shall then consider these recommendations at a regular council meeting, notifying the applicant of the day it will consider such recommendations. The town council may request the applicant to appear before it when considering an application for a conditional or unclassified use permit.

It shall be a further requirement that the decision or determination of the planning commission shall set forth each required finding in each specific grant of a conditional or unclassified use permit, and each denial thereof, which of the required findings have not been satisfied. In any such case, each finding shall be supported by substantial evidence or other data considered in reaching its decision, including the personal knowledge of or inspection by the members of the planning commission.

The use or modification requested by the conditional or unclassified use permit shall conform with the provisions for such uses specified in the zone in which the use is to be located. In all cases, the use or modification shall be within the intent of this title, and in the public interest:

Whenever a conditional or unclassified use permit has been granted, it shall be revoked unless a building permit conforming to plans for which the permit was granted is obtained within six months. Substantial construction shall be completed within two years from the date the permit becomes effective unless a renewal is granted or unless the grant of the permit specifically provides for a period greater than two years.

An approved application for a conditional or unclassified use permit may be renewed by the planning commission for one year. No more than one renewal may be issued for any conditional or unclassified use permit.

The town council, after recommendation from the planning commission, may revoke or modify any conditional or unclassified use permit. Such revocation or modifications shall be made on any one or more of the following grounds:

Fees shall be established by action of the town council and shall be posted at the town clerk’s office. A fee for action under this chapter shall be paid by the applicant at the time of application. The application fee for a conditional use permit shall be one hundred and fifty dollars for the first hearing and seventy-five dollars for each additional hearing. Additional hearing fees shall be paid prior to hearing date.