Chapter 18.70
CONDITIONAL USES
Sections:
18.70.010 Purpose.
18.70.020 Criteria for granting conditional use.
18.70.030 Application.
18.70.040 Conditions – Expiration.
18.70.050 Hearing.
18.70.060 Decision of commission and town council.
18.70.070 Prohibited uses.
18.70.010 Purpose.
It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity. (Ord. 433, 2012; Ord. 235 § 5.21, 1995)
18.70.020 Criteria for granting conditional use.
The planning commission shall be guided by the following criteria in the recommendation to the town council to grant or deny a conditional use permit. Recommendations to approve conditional use permits shall not be granted unless the commission finds that all of the following facts and conditions exist:
(1) The proposed use will not be materially detrimental to the public welfare or injuring to the property or improvements in the vicinity of the proposed use or in the zoning district in which the subject property is situated.
(2) The proposed use shall meet or exceed the performance standards that are required in the zoning district it will occupy.
(3) The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design.
(4) The proposed use shall be in keeping with the goals and policies of the comprehensive land use plan.
(5) All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. (Ord. 433, 2012; Ord. 235 § 5.22, 1995)
18.70.030 Application.
An application to the planning commission for the issuance of a conditional use shall be made on forms prescribed by the town. All applications shall be accompanied by a filing fee and shall include but may not be limited to the following documents:
(1) Completed application form.
(2) Site plan or other related map materials which clearly indicate the dimensional characteristics of the site and structures involved.
(3) Affidavit of the ownership or of substantial beneficial interest in the subject property.
(4) Vicinity map.
(5) List of names and envelopes addressed to all property owners within 300 feet of the subject site.
(6) Any other graphic materials required to adequately describe this proposal. (Ord. 433, 2012; Ord. 235 § 5.23, 1995)
18.70.040 Conditions – Expiration.
In recommending authorization of the conditional use permit, the planning commission may attach thereto such conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter. A conditional use permit so authorized shall become void after the expiration of one year if no building permit has been issued in accordance with the plans for which such conditional use permit was authorized, except that the commission may extend the period for not more than an additional 12 months upon a finding that there has been no basic change in pertinent conditions surrounding the property since the time of original approval. (Ord. 433, 2012; Ord. 235 § 5.24, 1995)
18.70.050 Hearing.
When a proper and complete conditional use application has been filed and reviewed by the town planning department, the planning commission shall set a date for public hearing not less than 10 nor more than 60 days from the date the completed application was accepted by the town. (Ord. 433, 2012; Ord. 235 § 5.25, 1995)
18.70.060 Decision of commission and town council.
The planning commission shall decide all applications no later than 45 days after the public hearing. The town council shall decide the application and the commission’s recommendation within an additional 45 days after the planning commission has made a recommendation. (Ord. 433, 2012; Ord. 235 § 5.26, 1995)
18.70.070 Prohibited uses.
Under no circumstances shall the planning commission grant a conditional use permit to permit a use not generally or conditionally permitted in the zoning district involved, or any use expressly or by implication prohibited by the terms of this title in that zoning district. (Ord. 433, 2012; Ord. 235 § 5.27, 1995)