A. Purpose: Conditional uses are those uses which are generally compatible with the land uses permitted by right in a zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district.
B. Application:
1. Only those uses that are enumerated as conditional uses in a zoning district, as set forth in this title, shall be authorized by the town council. A conditional use permit shall not be required for a use allowed as a permitted use in a given zoning district. No conditional use shall be established until a site plan has been approved in accordance with the provisions of this chapter.
2. Before the town shall accept any application, the applicant shall schedule and attend a preapplication meeting. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements for a conditional use permit pursuant to these regulations. Subsequent to the preapplication meeting, all applications shall be filed on a form provided by the zoning administrator and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specific circumstances of the use, additional materials may be required by the town in order to adequately review the application.
C. Submittal Requirements: All conditional use permit applications shall comply with the submittal requirements outlined in subsection 10-3-3E of this chapter and those on the application.
D. Procedures: All conditional use permits shall be processed in accordance with subsection 10-3-3F of this chapter.
E. Approval Criteria: As may be specified within each zoning district, uses permitted subject to a conditional use permit shall be permitted only after review and recommendation by the commission and review and approval by the town council and only if the applicant demonstrates that:
1. The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, design standards, or general provision requirements of this title.
2. The establishment, maintenance, or operation of the proposed use shall not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the surrounding land nor be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
3. The proposed use shall not be materially injurious to properties or improvements nor diminish or impair property values in the immediate vicinity.
4. The proposed use will be served by ingress and egress routes that minimize traffic congestion, shall not burden the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, and will be served by adequate public utilities.
5. The proposed use shall not impede the normal and orderly development and improvement of surrounding property for uses permitted in the underlying zoning district and shall be in compliance with the Parker general plan adopted by the town.
6. The proposed use is necessary or desirable or provides a service or facility that contributes to the general well being of the area.
7. The proposed use shall not create more adverse impacts on existing uses in the surrounding areas than those which reasonably might result from development of the site with a use that is permitted by right in the underlying zoning district.
F. Validity Limit:
1. Approval shall become effective immediately.
2. The conditional use permit shall become null and void if the use permit has not been exercised and the use established within six (6) months of the date of approval. A conditional use permit is exercised when the use has been established or when a building permit has been issued, construction commenced, and the building permit remains valid.
3. If such use is abandoned or discontinued for a period of twelve (12) consecutive months, it may not be reestablished unless reauthorized by the commission and town council.
4. Amendments to conditional use permits shall be processed in the same manner as the original permit, except that minor amendments may be authorized by the zoning administrator.
5. If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of twelve (12) months from the date of said order of denial, unless agreed to by a super majority three- fourths (3/4) vote of the commission. (Ord. 03-2005, 9-6-2005)