A. Uses designated as special uses are contingent uses which may or may not be appropriate in a particular location depending on the nature of the proposed use, its relationship to surrounding land uses and its impact on traffic capacities, potential environmental effects, compatibility with the neighborhood, and conformance with the comprehensive plan. It is the intent of these regulations to provide a review of special uses so that the community is assured that any proposed special uses are suitable for the proposed location and are compatible with the surrounding land uses.
B. An application for a special use shall be subject to the review procedures noted in PMC 15.01.220 and all other requirements of this title.
C. In considering an application for a special use, the Planning Commission and Town Council shall consider:
1. The compatibility of the use with adjacent uses and adjacent zone districts, as applicable, including the use’s potential traffic generation, noise, lighting, parking requirements, and general deleterious effects on such adjacent uses and properties;
2. Conformance with the comprehensive plan; and
3. The applicant’s history of zoning compliance within the Town.
D. The Town Council may impose conditions on a special use approval designed to lessen the adverse impacts, if any, of the special use, to protect the health, safety and welfare of Town residents, and to ensure compliance with all other applicable provisions of this title.
E. A special use approval may be revoked by the Town Council for failure to comply with any of the terms and conditions attached to such approval. Prior to revocation, the applicant shall be notified, in writing, of the Council’s consideration of the revocation at least ten (10) days prior to such consideration. Such notice may be personally served, mailed to the applicant’s last known address by first class U.S. mail, or conspicuously posted on the property upon which the use is located. If notice is posted, such notice shall remain conspicuously posted on the property for at least five (5) of the ten (10) days preceding the Council’s consideration. When the Town Council considers the revocation, the applicant may appear, present evidence on his own behalf and cross-examine any witnesses who testify in favor of revocation. If the special use approval is revoked, the Town Council shall issue written notice of revocation within ten (10) days of the completion of its consideration thereof. Such notice may be served personally upon the applicant or mailed to his last known address by first class U.S. mail.
F. At the time of approval, the Town Council may, in its discretion, specify that the length of the special use approval is one of the terms provided below. In the absence of any specific findings or orders of Town Council concerning the length of an approved special use, the special use approval shall be deemed to be nontransferable and personal to the applicant. A special use approval may:
1. Be personal to the original applicant,
2. Run with the original location for which the permit is approved, or
3. Be otherwise transferable, upon such terms and conditions specified by the Town Council. (Ord. 711 §1 (Exh. A), 2017; Amended Ord. 757 §2, 2019)