Chapter 18.40
CONDITIONAL USE PERMITS
Sections:
18.40.020 Town council authority.
18.40.040 Investigation and report.
18.40.060 Action by the town council.
18.40.090 Limitation on new applications.
18.40.010 Purpose.
In certain districts, conditional uses may be permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, or the special characteristics of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this chapter and their effect on surrounding properties. [Ord. 371 § 7(A), 1997.]
18.40.020 Town council authority.
The town council shall have the authority to approve, approve with conditions, disapprove, or revoke conditional use permits subject to the provisions of this chapter. Changes in use, expansion or contraction of site area, or alteration of structures or uses classified as conditional and existing prior to the effective date of the ordinance codified in this title, shall conform to all regulations pertaining to conditional uses. [Ord. 371 § 7(B), 1997.]
18.40.030 Application.
A property owner or any interested person may make application for a conditional use permit which shall be made to the mayor in a manner prescribed by the town. Such application shall be accompanied by a site plan. [Ord. 371 § 7(C), 1997.]
18.40.040 Investigation and report.
The mayor, other official or agent of the town prepares a report thereon, which shall be submitted to the town council and made available to the applicant prior to the public hearing. [Ord. 371 § 7(D), 1997.]
18.40.050 Public hearings.
Before a conditional use is permitted, the proposed conditional use shall be considered by the town council at a public hearing. Notice of said hearing shall be given as provided in Chapter 18.95 YMC. [Ord. 371 § 7(E), 1997.]
18.40.060 Action by the town council.
The town council may approve, approve with conditions, or disapprove the application for a conditional use permit. In permitting a conditional use the town council may impose, in addition to regulations and standards expressly specified in this title, other conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the community as a whole. These conditions may include requirements increasing the required lot size or yard dimensions, increasing street widths, controlling the location and number of vehicular access points to the property, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage or height of buildings because of obstructions to view and reduction of light and air to adjacent property, limiting or prohibiting openings in sides of buildings or structures or requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the town and new conditions imposed.
In order to grant any conditional use, the town council must find that the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be significantly detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the community.
The town council shall render a decision within 60 days after the filing of the application. The decision of the town shall be final.
A conditional use permit shall become void one year after approval, or after such greater or lesser time as may be specified as a condition of approval, unless within that time the required building construction, alteration, or enlargement has been commenced and diligently pursued, or if no such construction, alteration, or enlargement is required, unless the permitted activity is being regularly conducted on the premises. The town council may extend the permit for a period of one year. [Ord. 371 § 7(F), 1997.]
18.40.070 Effect.
No building or other permit shall be issued in any case where a conditional use permit is required by the terms of this chapter until five days after the approval of the conditional use by the town council. [Ord. 371 § 7(G), 1997.]
18.40.080 Revocation.
The town council may revoke any conditional use permit for noncompliance with conditions set forth in the granting of said permit after first holding a public hearing and giving notice of such hearing as provided in Chapter 18.95 YMC. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for any person to violate any condition imposed by a conditional use permit. [Ord. 371 § 7(H), 1997.]
18.40.090 Limitation on new applications.
In a case where an application is denied by the town council, the application shall not be eligible for resubmittal for the period of one year from the date of said denial, unless, in the opinion of the town council, new evidence is submitted or conditions have changed to an extent that further consideration is warranted. [Ord. 371 § 7(I), 1997.]
18.40.100 Minor expansions.
An existing permitted or lawfully nonconforming conditional use may be expanded or modified following the site plan approval, if the expansion or modification will result in less than a 25 percent cumulative enlargement or relocation of the structure, floor area, or parking area, complies with other applicable regulations, and is not expressly prohibited by either: (A) an applicable prior land use decision if the original use is lawfully nonconforming because it was commenced prior to a conditional use permit being required; or (B) the conditional use permit issued for such use. [Ord. 371 § 7(J), 1997.]