CHAPTER 16: CONDITIONAL USE PERMITS
Section
12-16-1 Purpose; limitations
12-16-2 Application; contents
12-16-3 Fee
12-16-4 Hearing
12-16-5 Planning and Environmental Commission action
12-16-6 Criteria; findings
12-16-7 Use specific criteria and standards
12-16-8 Permit approval and effect
12-16-9 Conflicting provisions
12-16-10 Amendment procedures
In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied.
(Ord. 8(1973) § 18.100)
Application for a conditional use permit shall be made upon a form provided by the Administrator. The application shall be supported by documents, maps, plans and other material containing the following information:
(A) Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner;
(B) Legal description, street address and other identifying data concerning the site;
(C) A description of the precise nature of the proposed use and its operating characteristics, and measures proposed to make the use compatible with other properties in the vicinity;
(D) A site plan showing proposed development of the site, including topography, building locations, parking, traffic circulation, usable open space, landscaped area, and utilities and drainage features;
(E) Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, scale and interior plan of all buildings;
(F) Such additional material as the Administrator may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a conditional use permit as prescribed in § 12-16-6 of this chapter;
(G) A list of the owner or owners of record of the properties adjacent to the subject property which is subject of the hearing; provided, however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directors of a condominium association. The list of owners, managing agent of the condominium project, registered agent or members of the board of directors, as appropriate, shall include the names of the individuals, their mailing addresses and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed envelopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicant’s responsibility to provide this information and stamped, addressed envelopes. Notice to the adjacent property owners shall be mailed first class, postage prepaid; and
(H) If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners’ association shall be required. This can be either in the form of a letter of approval or signature on the application.
(Ord. 8(1973) § 18.200; Ord. 16(1978) § 4(a); Ord. 30(1978) § 1; Ord. 50(1978) § 15; Ord. 49(1991) § 1; Ord. 24(2000) § 2; Ord. 29(2005) § 38; Ord. 27(2016) § 6)
The Town Council shall set a conditional use permit fee schedule sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable.
(Ord. 8(1973) § 18.300; Ord. 29(2005) § 38)
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