(A) General.
(1) Once the public hearing has been conducted, the petition shall be placed on the agenda of the next regularly scheduled Town Council meeting.
(2) In approving an application for a conditional use permit, the Town Council may attach fair and reasonable conditions to the approval. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Town Council. In no instance shall any of these conditions be less restrictive than any requirements which would pertain to that particular development found elsewhere in a similar zoning district.
(B) Burden of proof. The applicant has the burden of producing competent, material and substantial evidence tending to establish the facts and conditions which divisions (C)(2) and (C)(4) below require. If any person submits evidence allegedly contrary to any of the facts or conditions listed in divisions (C)(1) and (C)(3) below, the burden of proof for overcoming such evidence shall rest with the applicant.
(C) Determination. The Town Council shall issue a conditional use permit if it has evaluated an application and determined that:
(1) The use will not materially endanger the public health or safety if located where proposed and developed according to plan;
(2) The use meets all required conditions and specifications;
(3) The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity; and
(4) The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the adopted Town Land Use Plan and other plans for physical development of the town’s area as adopted by the Town Council.
(Ord. passed - -, § 9.5)