A. The purpose of this article is to establish the procedures and standards to enable the City to review applications for conditional use permits.
B. A conditional use is a use that the City has determined to be generally appropriate within a zone but that has the potential for creating undue or unusual impacts on the public health, safety, and welfare, surrounding properties, the natural environment, or on municipal services and therefore requires case-by-case review and approval in accordance with the provisions of this article.

Conditional use approval required.

A. A building, structure, or lot of land may be used for a conditional use if:

(1) The use is specifically listed as a conditional use in the zone; and
(2) Conditional use approval is granted by the Planning Board.

B. Any project involving the establishment of a new conditional use or the construction or expansion of a building for a conditional use shall obtain site plan approval by the Planning Board in accordance with Article XVI: Site Plan Review.
C. Applications for location and/or construction of a mental health and abuse clinic referred by the City Clerk require review as a conditional use as part of Chapter 149: Licensing.

Administrative procedures.

A. Prior to submitting a formal application for conditional use approval, the applicant and/or his or her representatives should meet with the Planning Director to informally discuss the proposed application and the review process. The purpose of this meeting is informational to allow the applicant to understand the process and clarify any questions before submitting a formal application.
B. An application for conditional use approval shall be made to the Planning Director on forms provided for that purpose.
C. The application form shall be accompanied by the supporting materials set forth in § 280-16-6G and § 280-16-6G(2)(d)[10] and an application fee as established by the City Council.
D. Upon receipt of an application, the Planning Director shall review it for completeness within ten (10) days and shall refer it to other departments for review. If the application is complete, the Planning Director shall place it on the Planning Board's agenda. If the application is not complete, the Planning Director shall provide the applicant with a written description of the additional information required.
E. Within forty-five (45) days of the application being determined to be complete, the Board shall notice and conduct a public hearing in conformance with § 280-4-1: Public hearings.
F. Within thirty (30) days of the initial consideration of the application by the Planning Board, the Planning Board shall act to approve, approve with conditions, or deny the application. The period for consideration of the application may be extended by mutual agreement of the applicant and Planning Board.

Standards for conditional use approval.

A. The Planning Board shall approve a conditional use application, or approve it with conditions, if it makes a positive finding, based on the information presented, that the proposed use, with any conditions attached, meets the following standards:

(1) The proposed use will not place a burden on municipal services which, due to its location or the characteristics of the site or proposed development, is significantly greater than the burden that would result from similar uses in other situations;
(2) The proposed use will not create hazards to vehicular or pedestrian traffic on the roads and sidewalks serving the proposed use as determined by the size and condition of such roads and sidewalks, lighting, drainage, volume and intensity of use by both pedestrians and vehicles, reduction in level of service, need for infrastructure improvements including but not limited to intersection traffic controls, and the visibility afforded to pedestrians and the operators of motor vehicles;
(3) The proposed use will not cause water pollution, sedimentation, or erosion, contaminate any water supply or reduce the capacity of the land to hold water so that a dangerous, aesthetically unpleasant, or unhealthy condition may result;
(4) The proposed use will not create unhealthful conditions because of smoke, dust, or other airborne contaminants;
(5) The proposed use will not create nuisances to neighboring properties because of odors, fumes, glare, hours of operation, noise, vibration or fire hazard, or unreasonably restricted access of light and air to neighboring properties;
(6) The proposed location for the use has no peculiar physical characteristics due to its size, shape, topography, or soils which will create or aggravate adverse environmental impacts on surrounding properties;
(7) The proposed use has no characteristics that are atypical of the general category of use that will depreciate the economic value of surrounding properties; and
(8) If located in the Shoreland Overlay Zone, the proposed use will not result in damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat; will conserve shoreland vegetation; will conserve visual points of access to waters as viewed from public facilities; will conserve actual points of access to waters; will conserve natural beauty; and will avoid problems associated with floodplain development and use.

Conditions of approval.
The Board may attach conditions to its approval of a conditional use. These conditions may include, but are not limited to, requirements such as:

A. Off-site street improvements to address impacts generated by the proposed conditional use.
B. Access restrictions.
C. Hours of use.
D. Buffering and screening.
E. Utility improvements.
F. Performance guarantees for off-site improvements.

Reapplication.
If the Planning Board denies a conditional use application, a second request of a similar nature shall not be brought before the Planning Board within one (1) year from the date of denial of the first request, unless:

A. In the opinion of the majority of the Planning Board, substantial new evidence has been brought forward;
B. The Planning Board finds that an error of law or misunderstanding of facts has been made; or
C. An amendment to this chapter has changed the status, circumstances, or conditions of the matter which was brought before the Planning Board.

Duration of conditional use approval.

A. Provided that all conditions and standards of approval are met, a conditional use shall be a continuing grant of permission for as long as the property is used for such purposes. The conditional use shall expire if the owner abandons the conditional use by:

(1) Physically altering the property and/or structure so it can no longer be used for the conditional use; or
(2) Failing to actively use the property for the conditional use for five (5) years or more.

B. A conditional use may be expanded in area or function only with the granting of a new conditional use approval by the Planning Board.
C. Construction, or occupancy if no construction is involved, shall commence within one (1) year of Planning Board approval of the conditional use and a certificate of occupancy issued within three (3) years of approval. If construction or occupancy is not commenced or a certificate of occupancy issued within these time limits, the conditional use approval shall be null and void. The Planning Board may extend these time limits upon written request of the applicant and a finding that such extension is consistent with current requirements.

Scope of approval.
Any permit or approval granted hereunder is subject to all elements of the final plans and specifications submitted by the applicant and to all representations, oral or written, made by or on behalf of the applicant in support of the application or with respect to the nature and scope of the use, activity or work proposed, and all such permits or approvals shall include, as an express condition, a written statement to said effect.

Appeal of conditional use decision.
Appeal from an action of the Planning Board on a conditional use application shall be to the Superior Court in accordance with state law.

See also § 280-16-6G(2)(d)[10] for supplemetntal site plan review infomation for conditional uses.