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A. Use Permits: Issuance

Review Process





Staff Review


Planning and

Use Permits








Use Permits may be granted only when expressly permitted by this Code. Applications shall be made according to the provisions of this section. If a conditional use permit is permitted, but no criteria for the specific use are defined in Section 25.1, the conditions for such use shall be recommended by the Planning and Zoning Commission to the Town Council.

Use Permits, which may be revocable, conditional or valid for a term period, may be granted only when expressly permitted by this Code and only after the Planning and Zoning Commission has made a recommendation and the Town Council has found:

1. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following:

a. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;

b. Hazard to persons and property from possible explosion, contamination, fire or flood;

c. Unusual volume or character of traffic.

2. That the characteristics of the proposed use are reasonably compatible with the types of use permitted in the surrounding area and sufficient mitigation measures are employed to minimize impact on adjoining properties.

3. That the proposed use is consistent with the goals and policies of the general plan.

4. That the hours of operation of the proposed use will not adversely impact neighboring properties.

The burden of proof for satisfying the aforementioned requirements shall rest with the applicant.

((O)22-09, 10/05/22)

B. Use Permits: Application

Application for use permit shall be submitted to the Planning and Zoning Administrator. With the filing of an application, the Planning and Zoning Administrator shall set a date of public hearing before the Planning and Zoning Commission.

1. Notice of Public Hearings

The date, time and place of the public hearing and the nature of the use permit requested shall be published in a newspaper of general circulation in the Town and one (1) notice of the said hearing shall be posted conspicuously on the property. Both such publication and posting shall give fifteen (15) days’ notice of the public hearings. It shall be the responsibility of the applicant to maintain the property posting.

2. The notice, as published and posted, shall be sent by regular mail to all recorded owners of properties, of which any part is within six hundred (600) feet of the proposed use permit, or more as the Planning and Zoning Administrator may determine necessary, not less than fifteen (15) days prior to the date of the public hearing. Failure of property owners to receive such notice shall not invalidate a use permit that may be subsequently approved.

((O)22-09, 10/05/22)

C. Neighborhood Meetings

Neighborhood meetings shall be conducted in accordance with Section 22.15.

((O)22-09, 10/05/22; (O)16-02, 01/20/16)

D. Action of the Planning and Zoning Commission

Upon completion of the public hearing on a use permit, the Planning and Zoning Commission shall transmit its findings and recommendations to the Town Council.

((O)22-09, 10/05/22; (O)16-02, 01/20/16)

E. Decision of the Town Council

The Town Clerk shall schedule a public hearing before the Town Council at which residents shall have an opportunity to be heard. The Town Council may approve the use permit if they find all applicable provisions of the zoning code, planned area development, policies and standards of the Town have been met. The Town Council may impose such conditions as deemed necessary to carry out the provisions and intent of this Code.

((O)22-09, 10/05/22)

F. Repealed by (O)22-09.

((O)16-02, 01/20/16)

G. Repealed by (O)11-15.

H. Violation

A violation of any condition imposed by the use permit shall constitute a violation of this Code. Failure to maintain any of the approved conditions may result in revocation of the use permit by Town Council. Amendment or addition to any use permit is subject to the same procedures as those that apply to a new application.

((O)22-09, 10/05/22; (O)16-02, 01/20/16)