Land Use Permit - Process

Early in the consideration of a land use permit, the applicant should carefully review what the General Plan and zoning designation is for the property. The proposed land use must be found consistent with the General Plan and zoning. The applicant is advised to review the proposal with surrounding residents and property owners and other affected parties prior to submitting an application.

Following receipt of a complete application, the Planning Staff will study the request, conduct an investigation of the site, and assess the impact and design considerations of the proposal. Conformance to the Town's adopted design guidelines will be evaluated. A written report which will analyze the project and provide a staff recommendation will be prepared for the Planning Commission.

The Planning Commission is required to hold at least one public hearing on the land use permit application. At least ten (10) days prior to the meeting, property owners within 750 feet of the subject site will be notified by mail of the forthcoming hearing. Depending on the type of Land Use Permit application that is submitted, a Planning Commission meeting may not be required.

At the hearing, the staff will first present its report and recommendation. This presentation will be followed by testimony from the applicant and any interested persons who may wish to comment on the application. The Planning Commission may then close the public hearing and make a decision to: (1) approve; (2) conditionally approve; (3) deny the request or postpone it to a later date; or (4) continue public hearing to a specified time, date, and place. The Planning Commission's decision will become final, unless a written appeal is made to the City Clerk within ten (10) days after Planning Commission action.

If an appeal is filed, a public hearing on the matter will be scheduled with the Town Council. At least ten (10) days prior to the Town Council consideration, the notice of time, date, and place of the hearing shall be mailed to the applicant and any other persons requesting such notice. After the public hearing on an appeal the Council may: (1) refer the matter back to the Planning Commission for further consideration; or (2) may reverse, affirm, or modify the decision of the Planning Commission, and make such decision as the facts warrant subject to the same limitation of the Planning Commission.