§ 18.32

A use permit, revocable, conditional, or valid for a term period, may be issued in the manner specified in this chapter for any of the uses or purposes for which such use permits are required by any of the terms of this title.

(Code 1987, § 18.32.010; Ord. No. 26-1976, art. 7, § 7.01, 1976)

Application for a use permit shall be made to the planning commission on a form prescribed by the planning commission and shall be accompanied by plans and elevations necessary to show the detail of the proposed use of the land or building.

(Code 1987, § 18.32.020; Ord. No. 26-1976, art. 7, § 7.02, 1976)

Sec. 18.32.030. - Fee.

Applications shall be accompanied by a fee of $25.00.

(Code 1987, § 18.32.030; Ord. No. 26-1976, art. 7, § 7.03, 1976; Ord. No. 54-1985, § 1(A), 1985)

The planning commission shall be a public hearing on any use permit application and shall give notice of the time and place of such hearings as provided by law.

(Code 1987, § 18.32.040; Ord. No. 26-1976, art. 7, § 7.04, 1976)

Sec. 18.32.050. - Planning commission findings; decision.

• (a) In order to grant any use permit, the findings of the planning commission shall be that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be materially detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the town. The planning commission may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title and may require that such conditions will be complied with by the applicant.

• (b) The planning commission shall render its decision on any use permit within 35 days following the close of the public hearing. Failure of the commission to render its decision within the period shall be deemed to be a denial of the application. The granting of any use permit, when conforming to the provisions of this section, is declared to be an administrative function, the authority and responsibility for performing which is imposed upon the planning commission shall be final and conclusive except in the event of an appeal as provided on this chapter.

(Code 1987, § 18.32.050; Ord. No. 26-1976, art. 7, § 7.05, 1976; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.32.060. - Appeal.

• (a) In case the applicant or others affected are not satisfied with the action of the planning commission, they may, within ten calendar days after rendition of the decision thereon by the commission, appeal in writing to the town council. The town council, on its own motion made within 20 days of the planning commission decision, may consider the action of the planning commission the same as if an appeal had been taken therefrom.

• (b) The appeal shall be taken by the filing of a notice in writing to that effect with the town clerk, and when the appeal is taken by a person other than the original applicant, by the payment of an appeal fee in the amount of $10.00. At its next regular meeting held at least three days after the filing of the notice of appeal, the town council shall set a date for the hearing of the appeal and notice thereof shall be given to the applicant and to the planning commission and as provided by law. The planning commission shall submit a report to the town council setting forth the reasons for the action taken by the commission.

0. At its next regular meeting held at least three days after the filing of the notice of appeal, the town council shall set a date for the hearing of the appeal and notice thereof shall be given to the applicant and to the planning commission and as provided by law. The planning commission shall submit a report to the town council setting forth the reasons for the action taken by the commission.

• (c) The town council shall render its decision within 45 days after the conclusion of the hearing and the town council in its decision may reverse, set aside, affirm, amend or modify the action of the planning commission for further study and action. Failure of the council to render its decision within the period shall be deemed to be an affirmance of the action of the planning commission.

• (d) No building permit shall be issued in any case where a use permit is required by the terms of this title until after the period allowed for appeal. In the event of an appeal, no such permit shall be granted until the matter has been finally approved by the town council. Building permits issued pursuant to this section shall conform to the terms and conditions of the use permit granted.

(Code 1987, § 18.32.060; Ord. No. 26-1976, art. 7, § 7.06, 1976)

Any use permit granted in accordance with the terms of this title shall be automatically revoked and terminated if not used within one year from the date of approval thereof or within any shorter period of time, if so designated by the planning commission.

(Code 1987, § 18.32.070; Ord. No. 26-1976, art. 7, § 7.07, 1976)