4.7 CONDITIONAL USE PERMITS

If applicant is not the owner of the lot, then both applicant and owner must jointly request conditional use. The Town Council may establish a procedure using appropriate forms and submittal requirements to determine the potential impact of a proposed conditional use for a home occupation or premises occupation and in order to determine if it is a routine or nonroutine conditional use application. 4.7.1 Routine Conditional Use Permits If the Building Permit Agent determines, based on the information provided, that a proposed conditional use is for a home occupation or a premises occupation and is a routine matter and entitled to approval without conditions, he or she may act upon the application and make a final decision as the Designated Land Use Authority to approve it without conditions. The Building Permit Agent may not deny or condition a routine conditional use application, but shall deem an application which may be denied or conditioned to be a nonroutine conditional use requiring a final action by the Town Council. 4.7.2 Appeal of Routine Determination The Town shall provide notice of the Building Permit Agent’s written determination of routine designation of a conditional use permit, and approval thereof, to the applicant and owner of each parcel of property abutting the property upon which the conditional use is located. Any such owner, or any other aggrieved party, may appeal the Building Permit Agent’s routine determination to the Planning and Land Use Commission within 15 calendar days of the date of the Town’s notice of the same. If the Planning and Land Use Commission determines that the proposed conditional use is routine, it shall ratify the Building Permit Agent’s determination and approval of the conditional use permit. If the Planning and Land Use Commission determines that the proposed conditional use is nonroutine, it shall review the conditional use permit application and recommend action to the Town Council, which will act as the Land Use Authority to approve, approve with conditions, or deny the application. 4.7.3 Nonroutine Conditional Use Permits To allow neighbors time to respond to a nonroutine request for a conditional use permit, an applicant must submit his or her application for a nonroutine conditional use permit to the Town thirty (30) days before the meeting at which the permit request will first be heard by the Planning and Land Use Commission if it is acting to advise the Land Use Authority. The Town shall send notice, including, if practical, a copy of the complete application with any attachments describing the proposal to the owner of each parcel of property abutting the property upon which the proposed conditional use is to be located at least fourteen (14) days prior to the Planning and Land Use Commission meeting if it is acting to advise the Land Use Authority. 4.7.4 Conditional Use Standards of Review – General Review Criteria In reviewing an application for a nonroutine conditional use permit, the Land Use Authority shall identify the potential negative effects of the proposed use and then determine if each potential negative effect can be mitigated so that the impact of the proposed use does not exceed the impact of permitted uses in the RAR-1 zone. In determining the impact of a proposed conditional use, the Land Use Authority shall consider noise, traffic, air pollution, aquifer pollutants, flood potential, storage and removal of potentially hazardous or toxic materials, fire hazards, lighting, noxious odors, and other significant issues of health, welfare, or safety of the community. A conditional use permit shall only be approved if it is routine or if reasonable conditions can be imposed to mitigate the negative effects of the proposed use in the proposed location so that: (a) the use will not be detrimental to the residential character of the neighborhood; (b) the structures associated with the use are compatible with the surrounding structures in terms of use, scale, and mass; (c) there is sufficient utility and infrastructure capacity within and adjoining the site; (d) the use will not be detrimental to the quality and availability of the Town’s drinking water supply or to the aquifer; (e) the use will not be detrimental to the public health, safety and welfare; (f) the use will not create a greater risk of flood, fire or other hazards in excess of the risks associated with normal residential or agricultural use; (g) the use will not diminish the use and enjoyment of adjacent properties or create an adverse impact on the future use of the property as a residence; (h) the conditional use will not impose a potential substantial financial burden on the Town; (i) the use is not in conflict with the purposes and objectives of the General Plan as amended; and (j) that approval of the use will constitute good land use and planning practice. The Designated Land Use Authority may attach reasonable conditions or requirements to the granting of a nonroutine conditional use which may mitigate the negative effects of the proposed use and which the applicant must comply with as a condition of the grant or approval. If any negative effect of the proposed use cannot be mitigated, then the proposed conditional use will be denied by the Land Use Authority. The proposed conditional use may also be denied if it does not comply with applicable federal, state and local statutes. The findings and conclusions of the Land Use Authority shall be supported by substantial evidence in the record of its review of the application. Any conditional use not commenced within a one year period after the date of approval is void and the applicant must resubmit an application. 4.7.5 Conditional Use Permit Renewal Permits for permanent conditional uses run with the land, transfer to new owners automatically, and are not required to be renewed each year. Permits for nonpermanent conditional uses (including home and premises occupations) are personal to the applicant, nontransferable, do not run with the land, and must be renewed each year. A nonpermanent conditional use permit, whether routine or nonroutine, and including home and premises occupation permits shall be valid for a period of one year from the date of approval or until the next regular review of conditional use permits as provided for in this chapter. Each nonpermanent conditional use permit shall be reviewed annually on a date or dates to be determined by the Land Use Authority. An inquiry shall be made prior to review asking the permit holder if the holder wishes to renew the permit. If the holder of the permit applies for renewal, the conditional use permit shall be renewed unless the Land Use Authority concludes that the conditions imposed have not been complied with or that the impact of the conditional use exceeds the impact of permitted uses in the RAR-1 zone. At the time of review, the Land Use Authority may amend the conditions imposed, and may also impose additional conditions on the use if the land use authority concludes that substantial evidence in the record demonstrates that amendments to the conditions or additional conditions are necessary to ensure that the impact of the conditional use does not exceed the impact of permitted uses in the RAR-1 zone. The Land Use Authority may also refuse to renew the nonpermanent conditional use if it concludes any of the following: its use is conducted in conflict with any Town Land Use Regulation in effect at the time; its use is conducted in conflict with any applicable federal, state and local statutes; or that substantial evidence in the record demonstrates that the negative aspects of the use cannot be mitigated so that the impact of the use does not exceed the impact of permitted uses in the RAR-1 zone. 4.7.6 Conditional Use Permit Revoked Any conditional use permit, whether routine or nonroutine, nonpermanent or permanent, may also be revoked at any time if substantial evidence in the record supports any one of the following findings: 1. That the conditions imposed on the conditional use permit do not adequately mitigate the negative effects of the conditional use so that it can be conducted in a manner that meets the standards for conditional uses provided in this chapter; or 2. That the permit was obtained by misrepresentation or fraud; or 3. That the use for which the permit was granted has ceased or was suspended for 12 or more consecutive calendar months; or 4. That one or more of the conditions of the permit have not been met; or 5. That the use is conducted in conflict with any Town Land Use Regulation in effect at the time, or any applicable federal, state and local statutes, including the procuring of all necessary permits, licenses, and inspections from the Town or any other local, state, or federal agency; or 6. The use has exceeded the scope of the original permit. The Land Use Authority shall not amend the conditions, impose additional conditions, refuse to renew, or revoke a conditional use permit without first providing reasonable notice to the holder of the permit of a date and time when the holder can appear before the Land Use Authority, be heard on the issues associated with the review of the permit, and respond to any evidence provided that supports amending, refusing to renew, or revoking the conditional use permit. 4.7.7 Violations The violation of any terms of this Chapter or any conditions imposed as part of a conditional use permit shall be unlawful, and may be remedied or punished as allowed by law.