11-4-7 Standards And Criteria For Conditional Use

An approved conditional use permit shall be required for all conditional uses listed in this title. A. A Conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. 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. B. The land use authority shall review a conditional use request with the following general standards and criteria: 1. Application: Application for a conditional use permit shall be made at the office of the planning commission on forms provided for that purpose. 2. 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. 3. Hearing: All conditional use permits shall be decided upon at a public meeting. A public hearing need not be held; however, a public hearing may be held when the planning commission shall deem it necessary to serve the public interest. 4. Action: The land use authority may approve, modify and approve, or deny the conditional use application. In approving any conditional use, the planning commission shall impose regulations and conditions as are necessary to protect the public welfare. In approving a conditional use, the planning commission shall find that: a. The proposed use is necessary or desirable and will contribute to the general well being of the community; b. The use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; c. The proposed use will comply with the regulations of this title; and is in harmony with the intent of the general plan; d. The availability of, or ability to provide adequate services, drainage, parking and loading space, fire protection, and safe transportation access and vehicular circulation; and e. Such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. 5. If the planning commission determines that the standards of this section cannot be met and that adequate mitigation measures cannot be imposed to bring the use into conformity with the standards and criteria, the planning commission may deny the request for a conditional use permit. 6. In approving a conditional use permit, the planning commission may impose such reasonable conditions with respect to location, construction, maintenance, operation, site planning, traffic control, flood control, time limits, and other items for the conditional use permit as deemed necessary for the protection of adjacent properties and the public interest. The planning commission may require guarantees or other evidence that such conditions will be met and complied with.