(A) Intent. The conditional use district approval process is established to address those situations when a particular use may be acceptable, but the general zoning district which would allow the use would not be acceptable. It allows the Planning Board and the Town Council the ability to approve a proposal for a specific use with reasonable conditions while assuring compatibility of the use with surrounding properties. This is a voluntary procedure that must be initiated by the property owner. Approval of a petition for conditional use district zoning shall result in the zoning classification being changed to the requested conditional use district designation and the issuance of a conditional use permit simultaneously.
(B) Responsibility of applicant. No conditional use district shall be established until after the person proposing the district has submitted a petition for the rezoning of property and a conditional use permit application. Every petition for rezoning of property to a conditional use district shall be accompanied by a site plan containing any pertinent information that pertains to the site and the proposed use. In the course of evaluating the proposed use, the Planning Board and the Town Council may request additional information deemed appropriate to provide a complete analysis of the proposal and consideration of the conditional use permit. A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning to a conditional use district and should accompany the conditional use permit.
(C) Town procedures for approval. The Town Council may approve the rezoning of property to a conditional use district only upon determining that the proposed use will meet all the standards and requirements that are applicable to the proposed use. The Planning Board and the Town Council may attach reasonable and appropriate conditions to approval of the petition. When deciding the conditional use permit, the Town Council shall use quasi-judicial procedures. Any such conditions should relate to the relationship of the proposed use to surrounding properties, proposed support facilities such as parking areas and driveways, pedestrian and vehicular systems, screening and buffer areas, the timing of any development, road and right-of-way improvements, solid waste management, water and sewer improvements, storm water drainage, the provision of open space and any other matters that the Planning Board and the Town Council may find appropriate or that the petitioner may propose.
(D) Zoning ordinance and map. If a petition is approved under this section, the district that is established, the approved petition, the approved conditional use permit, and all conditions which may have been attached to the approval are binding on the property as an amendment to this chapter and the Zoning Map. Only those uses and structures indicated in the approved petition, site plan and the conditional use permit shall be allowed on the subject property.
(E) Alterations to established CUD. Any minor changes in the detail of the site plan which will not alter the basic relationship of the proposed use to surrounding properties or the standards and requirements of these regulations or to any conditions attached to the approval may be approved by the Zoning Administrator without going through the amendment process. The Zoning Administrator, at his or her discretion, may forward any changes in detail to the Planning Board and/or the Town Council for review. If the applicant does not comply with the conditional use permit, the property shall revert back to the original zoning and the use will be subject to § 152.999 of this chapter. The applicant may appeal the decision of the Zoning Administrator to the Town Council for review and decision as per § 152.270 of this chapter. The Zoning Administrator shall periodically inspect the conditional use permit to ensure that all is in compliance.
(Ord. passed 3-14-2005; Ord. passed 7-13-2009; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 921)