Chapter 17.80


17.80.010    Purpose.

17.80.020    Authority.

17.80.030    Criteria.

17.80.040    Conditions – Penalties.

17.80.050    Time limits.

17.80.010 Purpose.

The conditional use permit procedure is intended to provide an opportunity for flexibility in applying the use regulations of this title by allowing for a greater range of uses. (Ord. 1172 § 106, 2001)

17.80.020 Authority.

The town council shall have the authority to grant or deny conditional use permits, except that conditional use permits shall not be granted to allow uses which are not listed as conditional uses for the zone nor to allow the expansion of nonconforming uses. (Ord. 1172 § 107, 2001)

17.80.030 Criteria.

Uses which are expressly classified as conditional uses shall not be approved unless the applicant clearly establishes that each of the following criteria is met or can be met through the imposition of appropriate conditions:

A. The proposed use will not be contrary to the applicable goals or policies of Chapter 3 of the comprehensive plan;

B. The location, design, and function of the proposed use will be compatible with permitted uses in the same zone;

C. The proposed use will not create influences substantially detrimental to neighboring uses. “Influences” shall include, but not be limited to: noise, odor, smoke, light, electrical interference, and/or mechanical vibrations;

D. The proposed use will not cause significant adverse impacts on the human or natural environments and will not detrimentally impact the safety, health, or welfare of the community;

E. The proposed use will not impose demands upon public utilities or services that exceed those normally made by other users of the same utility classification; and

F. If siting for the proposed use is regulated by state law, the site proposed for the use must satisfy all siting criteria adopted by the state. No variances from any dimensional or measurement standards shall be allowed. (Ord. 1520 § 5, 2013; Ord. 1172 § 108, 2001)

17.80.040 Conditions – Penalties.

A. The town council may impose reasonable conditions to ensure that the use, if granted, will meet the criteria set forth above, limit the term of the use, and require such bonds or other security devices as may be reasonably necessary to ensure continued compliance with the conditions of the use permit.

B. Any conditional use permit that is issued shall certify the location, nature, and extent of the use, together with all conditions that are imposed and any other information deemed necessary for the issuance of said permit. A copy of this permit shall be kept on file and if at any time after implementation of the permit it is found that the property no longer complies with the conditions therein specified, then the owner shall be declared in violation of this chapter and shall be subject to its penalties, as set forth in Chapter 1.18 FHMC. (Ord. 1520 § 4, 2013; Ord. 1172 § 109, 2001)

17.80.050 Time limits.

A. The use activity approved by a conditional use permit must begin to occur on the subject property within two years from the date the permit is granted, failing which the permit is void and the use activity, if thereafter occurring, will be illegal.

B. In the event the use activity approved by a conditional use permit should become removed from the list of conditional uses allowed in the zoning district where the subject property is located, continuation of that activity shall be considered a legal nonconforming use, subject to the land use regulations pertaining to nonconforming uses.

C. In the event the use activity approved by a conditional use shall become a permitted use in the zoning district where the subject property is located, the use shall be deemed a permitted use and any conditions set forth in the permit shall no longer be enforceable by the town. (Ord. 1372 § 17, 2008)