11C-502 Conditional Use Permit

An approved conditional use permit shall be required for each conditional use listed in this ordinance. No building permit or other permit or license shall be issued for a conditional use by any officer or employee of the Town unless a conditional use permit shall have been approved. A conditional use permit runs with the land and shall continue unless the use discontinues as described under I. Time Limit, below. A. Application. Application for a conditional use permit shall be made at the Town Office on forms provided for that purpose. B. Development Plan. The applicant for a conditional use permit shall prepare a site plan of the proposed conditional use, drawn to scale and showing all existing and proposed buildings, fences, landscaping, automobile parking and loading areas, and any other information the Planning Commission may deem necessary. C. Fee. The conditional use permit fee shall be set by resolution. D. Hearing. A hearing need not be held; however, a hearing may be held when the Planning Commission or the Town Council shall deem a hearing to be necessary to serve the public interest. E. Planning Commission Action. All Conditional Use Permits go to the Planning Commission who may approve, modify and approve or deny the Conditional Use Permits. The Planning Commission may require regulations and conditions that may be necessary to protect the health, safety and public welfare of the community. When approving a conditional use, the Planning Commission shall review each of the following items when considering whether or not the proposed Conditional Use mitigates impacts of and addresses the following items: i. size and location of the site; ii. traffic considerations including capacity of the existing streets in the area; iii. utility capacity, including storm water run-off; iv. emergency vehicle access; v. location and amount of off-street parking; vi. internal vehicular and pedestrian circulation system; vii. fencing, screening, and landscaping to separate the use from adjoining uses; viii. building mass, bulk, and orientation, and the location of buildings on the site; including orientation to buildings on adjoining lots; ix. usable open space; x. signs and lighting; xi. physical design and compatibility with surrounding structures in mass, scale, style, design, and architectural detailing; xii. noise, vibration, odors, steam, or other mechanical factors that might affect people and property off-site; xiii. control of delivery and service vehicles, loading and unloading zones, and screening of trash and recycling pickup areas; xiv. expected ownership and management of the project as primary residences, condominiums, time interval ownership, nightly rental, or commercial tenancies, how the form of ownership affects taxing entities; xv. reviewed for consistency with the goals and objectives of the Garden City General Plan; however such review for consistency shall not alone be binding. F. Review of a Conditional Use Permit is an administrative action. The Planning Commission shall approve the conditional use permit if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the foregoing standards. It is not necessary that the detrimental effects of the proposed used be eliminated, just mitigated. If the reasonably anticipated detrimental effects of the proposed conditional use cannot be substantially mitigated by reasonable conditions, then the planning commission may deny the conditional use. G. Appeals. Appeal of any decision of the Planning Commission shall be to the Town Council. Appeals shall be in writing and shall be filed at the office of the Town not more than ten (10) working days after the decision of the Planning Commission. If the Town Council’s decision is appealed, the final decision will be made by the Appeals Board who may affirm, modify or reverse the decision of the Town Council. The Appeals Board shall present, in writing the reasons for its action. H. Inspection. The building inspector shall inspect the conditional use during the course of construction to insure that it complies with the conditions of the use permit. I. Time Limit. A Conditional Use Permit shall be null and void one year after approval unless substantial work shall have been accomplished toward its completion. The Conditional Use Permit shall be null and void if the use has been discontinued for a period of 12 months. J. Not Transferable. A Conditional Use Permit is transferable with the title to the underlying property so that an applicant may convey or assign an approved project without losing the approval. The permit is not transferable off the site to another location. K. Revocation. A Conditional Use Permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit. L. Approval. The planning commission shall make written findings of fact and conclusions of law as to how it arrived at its decision to either approve or deny a conditional use permit. If the planning commission approves a conditional use permit, it shall provide a written permit that can be recorded on title to the property and that clearly outlines the conditions that have been imposed to mitigate the reasonable anticipated detrimental impacts of the conditional issue on surrounding properties.