9-11-2 CONDITIONAL USE PERMIT

A. Purpose: Although each zoning district is primarily intended for a predominant type of use (i.e., dwelling units in residential districts), there are a number of uses which the Town Council has identified that may be appropriate in a particular district if conditions are met that mitigate potential adverse impacts of the proposed use. The conditional use review is intended to provide additional information necessary to assure compatibility and harmonious relationships between proposed uses, surrounding properties and the Town in general. (amd. ord. 24-014, 10-8-24) B. Approval Required: Conditional use approval is required for the conditional uses in each zoning district. Conditional use approval may be revoked upon failure to comply with all conditions attached to the original approval of the conditional use as set forth in a conditional use permit. C. Review Process: 1. Application: a. An application for approval of a conditional use shall be filed with the Planning and Building Department on a form provided by the Town. The application shall make clear whether the applicant is a business or individual leasing the property or whether the applicant is the owner of the property. In the event the applicant is a lessee or tenant of the property, the application must include written consent by the owners of all property on which the conditional use activity shall be conducted. (amd ord. 15-018, 12-8-2015) b. The appropriate fee from the Town’s Consolidated Fee Schedule shall be submitted with the application. c. Other information required to be submitted on or with the conditional use application can be found in chapter 4 of this title, table 2. 2. Planning and Building Department: Upon receipt of a completed conditional use application, the Planning and Building Department shall conduct a review of the application. The Planning and Zoning Administrator, or designee, shall prepare and deliver to the Land Use Authority a written advisory report identifying any reasonably anticipated detrimental effects and recommend conditions of approval for the application. (amd. ord. 21-006, 05-25-21, amd. ord. 24-014, 10-8-24) 3. Land Use Authority Review And Action: a. Within a reasonable time of receipt of a complete application, the Town shall give public notice consistent with section 9-1-8 of this title and hold a public hearing on the proposed conditional use. Members of the public may submit written comments to be part of the public hearing record or may present oral comments at the hearing. b. Upon receipt of Town Staff and other applicable agency recommendations, and input from the public hearing, the Land Use Authority shall review the project and may impose reasonable conditions of approval which are designed to mitigate the reasonably anticipated detrimental effects of the proposed use. If the applicant accepts the conditions imposed, the Land Use Authority may grant the conditional use permit. If the reasonably anticipated detrimental effects of the proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the Land Use Authority may deny the conditional use. (amd. ord. 24-014, 10-8-24) D. Standards For Review: 1. No conditional use permit may be issued unless the Land Use Authority finds that the application meets the following standards and conditions: a. Protects the safety of persons and property: i. Will not result in unreasonable traffic congestion or traffic hazards. ii. Has adequate and necessary access for municipal services. b. Will not exceed the obligations and/or financial capability of the Town and will not require a level of community facilities and services greater than that which is available, or which may be provided. c. Will protect environmental values: i. Will not cause unreasonable air, water, groundwater, light or noise pollution. ii. Does not have critically expansive soils, high water table, slope instability, or other soil problems which cannot be mitigated. d. Consistent with the Town’s General Plan: i. Will comply with the requirements of the zoning district in which the use is to be established and with all other requirements of this title. ii. Will be compatible with the character of the neighborhood and surrounding structures in scale, mass and traffic circulation. a. The applicant has assured performance of obligations by posting bond or other adequate security as determined necessary by the Land Use Authority per chapter13 of this title. (amd. ord. 21-006, 05-25-21, amd. ord. 24-014, 10-8-24) 2. With its approval, the Land Use Authority may impose such conditions and safeguards to ensure compliance with the requirements, standards or conditions of this section. The violation of any condition, safeguard or commitment of record by the applicant shall be sufficient grounds for revocation of conditional use approval. (amd. ord. 24-014, 10-8-24) E. Transferability: If the conditional use permit was requested by and granted to the owner of the underlying property, the conditional use permit is transferable with the title to the underlying property. If the permit was requested by and granted to a lessee or tenant of the underlying property, the permit is only transferrable to a new lessee following a review by the Land Use Authority. Upon this transfer review, the Land Use Authority may alter the conditions of the permit based upon the specific circumstances of the new lessee or tenant. The permit cannot be transferred off the site on which approval was granted. (amd. ord. 15-018, 12-8-2015, amd. ord. 24-014, 10-8-24) F. Time Limit: The approval for the use shall expire unless the conditional use begins within a period of twelve (12) months from the date of conditional use approval or a building permit for the use has been issued. Any cessation in conditional use granted for a period of more than twelve (12) months shall result in the expiration of the permit (amd. ord. 15-018, 12-8-2015, amd. ord. 21-006, 05-25-21) G. Modification: No approved conditional use may be modified, structurally enlarged, or expanded unless the permit has been reviewed, amended as necessary, and approved in accordance with the procedures and standards of this section. (amd. Ord. 21-006, 05-25-21) H. Related Permits And Requirements: A conditional use shall also be subject to all other procedures, permits and requirements of other applicable ordinances and regulations of the Town. In the event of any conflict between the provisions of a conditional use permit and any other permit or requirement, the more restrictive provisions shall prevail. (ord. 08016, 8-12-2008)