The final disposition of each use permit shall be in accord with the facts of the particular case and the facts shall support the following determinations and findings before a use permit may be approved. They may refer to a town resolution, ordinance, or record of the action on the application.
(A) The location, size, design, and operating characteristics of the use conform to the General Plan and the land use designations for the project site and to the objective zoning standards and objective design standards that apply to the proposed use at the proposed location;
(B) The approval of the use permit shall not constitute a grant of special privilege and shall not contravene the doctrines of equity and equal treatment;
(C) The development and use of property, as approved under the use permit, shall not create a public nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat, or glare at a level exceeding ambient conditions or applicable performance standards, or cause significant adverse physical or environmental effects to abutting or adjoining properties and the surrounding neighborhood, or create undue or excessive burdens in the use and enjoyment thereof, any or all of which effects are substantially beyond that which might occur without approval or issuance of the use permit;
(D) Approval of the use permit is not contrary to those objectives, goals or objective standards pertinent to the particular use and location and contained or set forth in the General Plan, this title, any master plan, development plan or other plan or policy, officially adopted by the town; and
(E) Approval of the use permit will result in equal or better development of the premises than would otherwise be the case, and that the approval is in the public interest and for the protection or enhancement of the community.
(Prior Code, § 17.18.060) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991; Am. Ord. 885, passed 11-1-2023)