A. Level Of Review:
TABLE 4.3
CONDITIONAL USE PERMIT
LEVEL OF REVIEW
Applicability | Level Of Review | Notice Requirements |
New structures, including accessory structures and uses | Commission | Public hearing |
Expansion of an existing structure in conformance with section 9.63.020, table 4.2 of this chapter | Director | None |
Expansion of an existing structure which exceeds the thresholds in 9.63.020, table 4.2 of this chapter | Commission | Public hearing |
Conversion of an existing structure (i.e., change in use) | Commission | Public hearing |
Construction or conversion of a structure(s) to allow a mixed use development | Commission | Public hearing |
Where the review for a conditional use permit is not specified, the director shall determine the appropriate review authority.
B. Referral To Next Higher Review Authority: The commission may refer an application for a conditional use permit to the council based upon the following criteria:
1. Impact upon public services and facilities greater than typical for the type of project proposed;
2. Impact upon surrounding properties greater than typical for the type of project proposed;
3. Floor or site square footage greater than typically found in the type of project;
4. Intensity of use greater than typically found in the type of projects;
5. Operating characteristics not typical of the type of project proposed;
6. Other factors including, but not limited to, public opposition to development of the project;
7. The need for council interpretation of the general plan and/or development code as related to the project.
C. General Authority: The commission is authorized to approve, approve with conditions, or deny applications for conditional use permits in compliance with the procedures established in this section. In approving an application for a conditional use permit, the commission may impose conditions to ensure compliance with this code. Conditions may include, but shall not be limited to:
1. Requirements for special structure setbacks;
2. Open spaces;
3. Buffers;
4. Fences;
5. Walls and screening;
6. Requirements for the installation and maintenance of landscaping and erosion control measures;
7. Control of street improvements, other public infrastructure and related dedications;
8. Control of vehicular ingress and egress;
9. Control of traffic circulation;
10. Control of signs;
11. Control of hours of operation;
12. Control of potential nuisances;
13. Establishing standards for maintenance of buildings and grounds;
14. Establishing development schedules and development standards;
15. Control of periodic review;
16. Control of architectural and/or building design;
17. Any other conditions as may be deemed necessary to ensure the compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the commission to make the findings required by section 9.63.080, "Required Findings", of this chapter.
D. Performance Guarantee: In order to ensure implementation of conditions attached to a conditional use permit, the applicant may be required to furnish a surety in a form of an instrument of credit, money or surety bond in the amount fixed by the authority granting or modifying the conditional use permit.
E. Providing Required Improvements: Whenever a conditional use permit is approved or modified subject to the condition that specified public improvements shall be installed by the applicant to meet town standards and be accepted by the town, the applicant may be required to execute an agreement approved by the town to make such improvements prior to the time/construction events specified in the conditional use permit.
F. Conditions Declared Void: Whenever any final judgment of a court of competent jurisdiction declares one or more of the conditions of a conditional use permit to be unconstitutional or invalid, such decision shall not affect the validity of the approval as a whole, or any portion thereof other than the section so declared.
G. Violation Of Condition: Whenever a conditional use permit is approved or modified by the commission subject to a condition(s), noncompliance with such condition(s) shall constitute a violation of this code. Conditions which are not observed or which are violated may be enforced as provided in chapter 9.82, "Enforcement And Violations", of this title, or said conditional use permit may be revoked or modified under chapters 9.83, "Permit Amendments", and 9.84, "Permit Revocations", of this title. (Ord. 243, 10-15-2013)