(a) 
Purpose.
In each zoning district there are some uses which would be appropriate in some but not all locations within the district. Typically, these are uses that may have some special impact or uniqueness which require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. In this ordinance such uses are classified as conditional uses and before they may be established, the planning and zoning commission may, based upon findings of fact derived from evidence received at public hearing, recommend approval and the town council may, by ordinance, approve the establishment of the use.
(b) 
Authorization.
The planning and zoning commission may recommend, and the town council may authorize, the establishment of those conditional uses that are expressly authorized to be permitted as a conditional use in a particular zoning district or in one or more zoning districts. No conditional use shall be authorized unless this ordinance specifically authorizes such conditional use to be granted and unless such grant complies with all of the applicable provisions of this ordinance.
(c) 
Initiation.
An application for a conditional use permit may be filed by the owner or his designated agent, or any other person having a contractual or possessory interest in the subject property.
(d) 
Application for conditional use permit.
An application for a conditional use permit shall be filed in duplicate with the town planning and zoning administrator, who shall forward, without delay, one copy to the planning and zoning commission. The application shall include the conditional use permit fee, a site plan in accordance with the town’s zoning ordinance, and the following information, as well as such additional information as may be prescribed by rule of the town planning and zoning commission.
(1) 
The applicant’s name and address and their interest in the subject property;
(2) 
The owner’s name and address, if different than the applicant, and the owner’s signed consent to the filing of the application;
(3) 
The street address and legal description of the property;
(4) 
The zoning classification and present use of the subject property;
(5) 
The particular provision of this ordinance authorizing the proposed conditional use;
(6) 
A general description of the proposed conditional use;
(7) 
An application for site plan approval, as required by the zoning ordinance;
(8) 
A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations;
(9) 
A statement as to why the proposed conditional use will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood;
(10) 
A statement as to how the proposed conditional use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely.
(e) 
Hearing on conditional use permit application.
A public hearing on the application shall be held and notice thereof given in the manner and form required for amendments as set out in section 14.02.403, Amendments, and as provided by state law.
(f) 
Standards.
As application for a conditional use permit shall be granted only if evidence is presented at the public hearing which establishes:
(1) 
That the proposed conditional use will be consistent with the adopted policies in the comprehensive land use plan of the town;
(2) 
That the proposed conditional use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare;
(3) 
That the proposed conditional use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed conditional use will so dominate the immediate neighborhood, consideration will be given but not limited to:
(A) 
The location, nature and height of building, structures, walls or fences on the site; and
(B) 
The nature and extent of landscaping and screening on the site; and
(C) 
Lighting, noise, and/or excessive traffic;
(4) 
That the proposed conditional use complies with all applicable regulations of this ordinance, including lot size requirements, use limitations, and performance standards;
(5) 
That the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public;
(6) 
That off-street parking and loading areas will be provided in accordance with the standards set out in section 14.02.353, Off-Street Parking Requirements, and section 14.02.354, Off-Street Loading Requirements, of this article, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect;
(7) 
That adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets;
(8) 
That the proposed conditional use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services;
(9) 
That the proposed conditional use will not result in the destruction, loss or damage of any natural, scenic or historic feature;
(10) 
That the proposed conditional use will comply with any additional standards imposed on it by the particular provision of the ordinance authorizing such use.
(g) 
Conditions and restrictions.
In granting a conditional use, the planning and zoning commission may recommend, and the town council may impose such conditions, safeguards and restrictions upon the premises benefited by the conditional use as may be necessary to comply with the standards set out in this section to avoid, or minimize, or mitigate any potentially injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance approving the conditional use permit.
(h) 
Affidavit of compliance with conditions.
Whenever any conditional use permit authorized pursuant to this section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the town secretary so stating.
(i) 
Effect of issuance of a permit for a conditional use.
The issuance of a permit for a conditional use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the town, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval.
(j) 
Period of validity.
(1) 
A conditional use permit shall expire one (1) year after the date of issuance if the permit holder has failed to either:
(A) 
Obtain a building permit and begin the erection or alteration of the structure for which the permit was issued; or
(B) 
Obtain an occupancy permit for the structure and commence a use.
(2) 
Upon written application, the town council may grant one (1) additional extension for a period not to exceed one (1) year. The written application shall contain a detailed statement explaining all reasons that the requested extension has become necessary. The town council may grant such extension without requiring the applicant to comply with the notice and hearing provisions of this ordinance. If any additional extensions are requested, the notice and hearing provisions of this ordinance governing the issuance of a conditional use permit shall be required.
(Ordinance 98-29, sec. XLIV, adopted 12/1/98; Ordinance 2000-06, sec. XLIV, adopted 3/21/00; Ordinance 2001-08, sec. III, adopted 4/16/01; 2006 Code, ch. 13, sec. 6.01)
(a) 
Purpose.
The specific use permit procedure is designed to provide the planning and zoning commission and the town council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for a deleterious impact upon the health, safety and welfare of the public, for the purpose of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to provide, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The discretionary specific use permit procedure is designed to enable the planning and zoning commission and the town council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for specific use permits when it is apparent that a proposed use or structure will or may occasionally harm the community or cause substantial injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure.
(b) 
Authorized specific uses.
The following uses and structures may be established or constructed only upon the issuance of a specific use permit in accordance with the provisions of this ordinance.
(1) 
Gas and oil well drilling and production.
(2) 
Children’s day care center, unless otherwise specifically allowed.
(c) 
Application.
An application for specific use permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the specific use permit is sought shall be accompanied by evidence of the consent of the owner.
(d) 
Permit application.
An application for a specific use permit, along with the permit fee, shall be filed with the planning and zoning coordinator, who shall forward a copy to the planning and zoning commission. The application shall contain the following information:
(1) 
Applicant’s name, address, phone number and their interest in the subject property.
(2) 
Owner’s name, address and phone number, if different from the applicant, as well as the owner’s signed consent to the filing of the application.
(3) 
Zoning classification and present use of the subject property.
(4) 
A description of the proposed specific use.
(5) 
An application for site plan approval, which shall be in accordance with section 14.02.259, Site Plan Requirements.
(6) 
A detailed explanation of why the proposed use will not cause substantial injury to the value, use or enjoyment of the property in the neighborhood.
(7) 
A statement as to how the proposed specific use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be prevented or made unlikely, [sic] and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected.
(8) 
An identification of any potentially adverse effects that may be associated with the proposed specific use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects.
(9) 
Such additional terms and conditions including design standards as the planning and zoning commission and the town council deem necessary to preserve the value and character of the affected property and neighboring properties.
(e) 
Consideration of specific use permit application.
In considering an application for a specific use permit, the planning and zoning commission and the town council shall take into consideration the following factors:
(1) 
Whether the proposed site plan will adequately provide for safety from fire hazards and have effective measures of fire control.
(2) 
Whether the proposed site plan provides adequate drainage.
(3) 
Whether the proposed specific use will have noise-producing elements that are not sufficiently controlled.
(4) 
Whether the glare of vehicular and stationary lights is compatible with the established character of surrounding land uses.
(5) 
Whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site.
(6) 
Whether such signs will have an adverse effect on adjacent properties.
(7) 
Whether the proposed specific use will adversely affect the public at the site and the area immediately surrounding the specific use.
(8) 
Whether the proposed use will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public, health, safety and general welfare.
(9) 
Whether the proposed use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed specific use will so dominate the immediate neighborhood, consideration shall be given to:
(A) 
The location, nature and height of buildings, structures, walls and fences on the site; and
(B) 
The nature and extent of landscaping and screening on the site.
(10) 
Whether the proposed use otherwise complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations and performance standards.
(11) 
Whether the proposed use at the specified location will contribute to or promote the welfare or convenience of the public.
(12) 
Whether off-street parking and loading areas will be provided in accordance with the standards set out in section 14.02.353, Off-Street Parking Requirements, and section 14.02.354, Off-Street Loading Requirements, and such additional areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect.
(13) 
Whether adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.
(14) 
Whether the proposed use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.
(15) 
Whether the proposed use will result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.
(f) 
Conditions and restrictions.
In considering a specific use permit application, the planning and zoning commission may recommend, and the town council may impose, such conditions, safeguards and restrictions upon the premises benefited by the specific use as may be necessary to avoid, minimize, or mitigate any potentially injurious effect of such specific use upon other property in the neighborhood, and to carry out the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance approving the specific use permit.
(g) 
Affidavit of compliance with conditions.
Whenever any specific use permit authorized pursuant to this section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the planning and zoning coordinator so stating.
(h) 
Effect of issuance of a permit for a specific use.
The issuance of a permit for a specific use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the town, including but not limited to, a building permit, a certificate of occupancy and subdivision approval.
(i) 
Period of validity.
Specific use permits are conditional zone changes granted by amendment to the comprehensive zoning ordinance. In the event that the use granted by the specific use permit lapses for a period of six (6) months or more, the permit shall become void. The applicant may choose to reinitiate the specific use permit approval procedure, including all fees required in the process.
(Ordinance 2000-06, sec. XLIV, adopted 3/21/00; Ordinance 2003-10, sec. III, adopted 8/4/03; 2006 Code, ch. 13, sec. 6.02)