(a)

Purpose. Certain uses are conditional uses instead of being allowed by right, even if they have beneficial effects and serve important public interests. They are subject to conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, overburden public services, change the desired character of an area, or create major nuisances. A review of these uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose conditions to address identified concerns, or to deny the use if the concerns cannot be resolved.

(b)

Authority. The town council may, in accordance with the procedures, standards and limitations of this article, approve applications for conditional uses.

(c)

Authorized conditional uses. Only those uses which are authorized in each land use district may be approved as conditional uses. The designation of a use in a land use district as a conditional use does not constitute an authorization or an assurance that such use will be approved; rather, each proposed conditional use shall be evaluated by the town council for compliance with the standards and conditions set forth in this section and for each district. Wherever a use existing on the effective date of these regulations is terminated or demolished, subsequent use of the property upon which the use was located, by a use which these regulations classifies as a conditional use, shall be permitted only in conjunction with an approved conditional use.

(Ord. No. 2013-05, § 1(a), 11-12-2013)

In addition to the general application requirements set forth in administrative regulations, a conditional use application shall be accompanied by a site plan, and any further information necessary to demonstrate that the proposed conditional use meets the standards for review in section 15.00.04 below.

(Ord. No. 2013-05, § 1(b), 11-12-2013)

(a)

The development review board shall hold a public hearing on a conditional use application and recommend to the town council the approval, approval with conditions or denial of the conditional use application. Action taken by the development review board to recommend the approval of a conditional use or to recommend approval of a conditional use with conditions shall be documented in the form of a resolution containing a legal description of the real property to which the conditional use applies, together with the terms of the conditional use and any additional conditions imposed. Such resolution shall be recorded in the public records of the county by the town clerk.

(b)

If the development review board recommends to the town council the denial of a conditional use, it shall state in its record its reasons. Such reasons shall take into account the standards for review stated in section 15.00.04 below.

(Ord. No. 2013-05, § 1(c), 11-12-2013)

Upon receipt of the recommendation of the development review board, the town council at its option, may either affirm the development review board's recommendation without a public hearing or may hold a public hearing to consider the conditional use application and grant, grant with conditions or deny the application.

(Ord. No. 2013-05, § 1(d), 11-12-2013)

(a)

When considering an application for approval of a conditional use, the development review board and the town council shall review the application with consideration for the following factors:

(1)

Whether the conditional use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area.

(2)

Whether the conditional use will preserve any town, state or federally designated historic, scenic, archaeological, or cultural resources.

(3)

Whether the conditional use will be compatible with adjacent residential development, if any, based on characteristics such as size, building style and scale; or whether such incompatibilities are mitigated through such means as screening, landscaping, setbacks, and other design features.

(4)

Whether the conditional use will have significant adverse impacts on the livability and usability of nearby land due to: noise, dust, fumes, smoke, glare from lights, late-night operations, odors, truck and other delivery trips, the amount, location, and nature of any outside displays, storage, or activities, potential for increased litter, and privacy and safety issues.

(5)

Whether the transportation system is capable of safely supporting the conditional use in addition to the existing uses in the area.

(6)

Whether the minimum off-street parking area required and the amount of space needed for the loading and unloading of trucks, if applicable, has been provided and will function properly and safely.

(7)

Whether generally, the public health, safety and welfare will be preserved, and any reasonable conditions necessary for such preservation have been made.

(Ord. No. 2013-05, § 1(e), 11-12-2013)

(a)

Approval of a conditional use shall be deemed to authorize only the particular use for which it is issued.

(b)

Development of the conditional use shall not be carried out until the applicant has secured all permits and approvals required by these regulations, the town, or regional, state and federal agencies.

(Ord. No. 2013-05, § 1(f), 11-12-2013)

Due to unique circumstances which are not addressed in the standards for review in section 15.00.04 above, the town council may attach and the development review board may recommend the attachment of such conditions to a conditional use as are deemed necessary to prevent or minimize adverse effects upon other property in the neighborhood, including, but not limited to: Limitations on size, bulk and location; requirements for landscaping and lighting; provision of adequate ingress and egress and off-site but project-related improvements; and other conditions such as the duration of the conditional use permit, hours of operation, and mitigation of environmental impacts.

(Ord. No. 2013-05, § 1(g), 11-12-2013)

(a)

Expiration. Conditional use approval shall automatically expire two years after the date the town council granted such approval if the use has not commenced. The town council may grant one extension not to exceed two years. The application for extension shall address the necessity for the extension and shall demonstrate that the extension is warranted under the circumstances. Said extension shall be requested and granted prior to the expiration of the original period of validity. Permitted time frames do not change with successive owners. If an approved conditional use ceases for any reason for a period of at least six months, a new conditional use application shall be submitted for consideration and action prior to the reestablishment of the use.

(b)

Revocation. If construction of a conditional use has not been completed in accordance with the conditions of the approval, or if the use is not conducted consistent with a condition of approval, the town manager may terminate the approval. Notice of such termination shall be sent by certified mail to the owner of the property and any lessee of the property as indicated in the records of the town and shall become effective ten days after the date of such notice, unless an appeal is filed with the town manager's office. Within 60 days of receipt of an appeal, the town council shall hold a public hearing to consider the appeal. At the conclusion of the public hearing, the termination may be upheld, reversed or modified. In making such a decision, the town council shall consider whether there are substantial and legitimate reasons why construction of the conditional use was either not timely or in compliance with the original approval, whether there are substantial and legitimate reasons why the conditional use was not conducted consistent with the conditions of approval and whether the termination of such approval will advance the goals and objectives of the comprehensive plan and the standards applicable to the original approval. It shall be the petitioner's burden of proof at the public hearing to show that the conditional use has been constructed and operated within the provisions of the original approval.

(c)

Affidavit. An applicant for a conditional use shall submit an affidavit with the application stating they understand and agree that the conditional use may be terminated at any time if they fail to construct or operate the conditional use within the provisions of the original approval, regardless of the amount of the investment they have committed to the conditional use. The affidavit shall also state that the applicant shall notify any future purchasers, or anyone having any legal interest in the conditional use, of these termination provisions. No subsequent purchaser, owner, or operator of the conditional use shall utilize the conditional use until they have provided the town manager the required affidavit. The affidavit shall be recorded in the public records of the county along with the resolution approving the conditional use.

(Ord. No. 2013-05, § 1(h), 11-12-2013)

[As used in this article:]

Outdoor automatic teller machine means any electronic information processing device located outside of a structure which accepts or dispenses cash in connection with a credit, deposit, checking or convenience account.

Outdoor donation drop box means any box, bin or other receptacle located outside of a structure that is intended for use as a collection point for donated clothing, household goods, or other personal property.

Outdoor newsstand means an unattended structure, stand, platform, stall, box, or other device used for the distribution of newspapers, magazines, fliers, or other printed materials.

Outdoor vending machine means any self-service device which is located outside of a structure and which, upon insertion of a coin, credit card, token, coupon or similar device, dispenses unit servings of food, beverages or other items of tangible personal property, either in bulk or in package, without the necessity of replenishing the device between each operation.

(Ord. No. 2013-05, § 2, 11-12-2013)

Outdoor automatic teller machines are permitted in the public, commercial, and planned unit development land use districts if approved through the conditional use process. Outdoor automatic teller machines are prohibited in all other land use districts.

Outdoor newsstands are permitted in the public, commercial, and planned unit development land use districts if approved through the conditional use process. Outdoor newsstands are prohibited in all other land use districts.

Outdoor donation drop boxes are prohibited in all land use districts.

Outdoor vending machines are prohibited in all land use districts.

(Ord. No. 2013-05, § 3, 11-12-2013)