This chapter establishes procedures for issuance of use permits for land uses which may be suitable only in specific locations or which require special consideration or restrictions in their design, operation, or layout to ensure compatibility with surrounding uses and public safety and welfare.
(Ord. 21-501 § 9)
Uses identified in Table 17.12-1, Use Table, as "UP" shall be subject to issuance of a use permit. Where a use is classified as requiring a use permit in the zoning district in which it lawfully exists without benefit of an approved use permit on the effective date of the ordinance codified in this Title 17, such use shall be considered a permitted use without further authorization required subject to Chapter 17.232, Legal Nonconforming Uses, Buildings, Signs, and Substandard Parcels, of this title.
(Ord. 21-501 § 9)
Applications for a use permit shall be initiated by submitting application materials as required by Section 17.180.020, Applications, of this title including the following information to the Planning & Building Department: a completed use permit application form including a detailed description of the proposed use, signed by the property owner(s) or authorized agent, accompanied by the required fee or deposit, and any other information, plans or maps prescribed by the Planning Officer. Application procedures and processing shall be in accordance with State law and procedural guidelines established by the Planning Officer.
(Ord. 21-501 § 9)
A. 
The Planning Officer, or the Zoning and Design Review Board or the Town Council upon appeal, may approve, conditionally approve or deny applications for use permits for commercial use changes when the proposed use is consistent with uses allowed by a final Master Development Plan.
B. 
The Zoning and Design Review Board shall recommend approval, conditional approval, or denial of all other applications for use permits for consideration by the Town Council based on the findings in Section 17.200.060, Findings and decision, of this chapter. The Town Council shall have the authority to approve, conditionally approve or deny applications for such use permits.
(Ord. 21-501 § 9)
The reviewing authority shall hold a public hearing on any proposed use permit. Notice of public hearing shall be given consistent with Section 17.180.040, Notice of hearing, of this title.
(Ord. 21-501 § 9)
Following the public hearing, the responsible reviewing authority may approve the application and authorize a use permit if from the facts presented all of all the following findings can be made:
A. 
The proposed use, at the intensity represented and at the proposed location, will provide a use that is compatible with the neighborhood and community;
B. 
The proposed use will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity;
C. 
The proposed use would not conflict with the Town's goal of achieving economic sustainability with a mix of varied commercial services;
D. 
The proposed use will not impair accessibility or traffic patterns for persons and vehicles based on the type and volume of anticipated traffic, will provide safe and adequate ingress and egress, and will furnish adequate off-street parking and loading for both customers and employees to the extent deemed feasible by the decision-making body;
E. 
The proposed use provides sufficient safeguards to prevent noxious or offensive emissions such as glare, dust and odors, or levels of noise which may exceed the Town's noise regulations;
F. 
The proposed use does not require excessive amounts of water or generate excessive amounts of waste;
G. 
The existing or proposed utility, police and fire services are adequate to serve the proposed use;
H. 
The proposed use will comply with all applicable provisions of Title 17 and will be consistent with the policies and standards of the General Plan; and
I. 
For properties in the Retail Overlay District, the proposed use enhances retail opportunities within the commercial code of the Town and the proposed use maximizes active uses along the Washington Street core business area and in doing so enhances pedestrian activity and interest.
(Ord. 21-501 § 9)
In approving a use permit the reviewing authority may impose conditions deemed reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.200.060, Findings and decision, of this chapter.
(Ord. 21-501 § 9)
A. 
The conditions of approval may include time limits for carrying out the use permit; otherwise, any exercise or undertaking of a use or uses authorized by a use permit must commence within two years of the approval date.
B. 
Once any portion of the granted use permit is utilized, all such specifications and conditions pertaining to such authorization shall become immediately operative.
C. 
Except where time limits are otherwise specified as a condition of approval, any Use Permit that has been authorized by the Town Council or the Zoning and Design Review Board may continue as authorized so long as it is not changed to another use, discontinued for a continuous period of one year, or otherwise abandoned.
D. 
A use permit shall not be restored when it is abandoned or changed to another use or feature that is classified as a use permit in the land use area in which it is located, or significantly altered or intensified, except upon approval of an application for a new use permit.
(Ord. 21-501 § 9)
Requests for a change of use category or a change to the conditions of approval of a use permit, or a change to the operation that would affect a condition of approval, shall require the filing of a new application for a use permit as set forth in this chapter.
(Ord. 21-501 § 9)