No premises or building shall be constructed or used within any zoning district as a conditional use until the owner has obtained a conditional use permit from zoning and planning.
A. Petitions: Petitions for conditional uses shall contain the signatures of the owners of fifty percent (50%) of the private real property within a three hundred foot (300') radius of the perimeter of the real property affected. The petition must be in the office of the town engineer at least thirty (30) working days prior to the meeting of zoning and planning.
B. Notice To Adjacent Property Owners: Upon receipt of petitions for conditional uses, the applicant shall mail a written notice of the hearing, either by certified or registered mail, at least seven (7) days prior to the hearing date to all owners of private property within three hundred feet (300') of the radius of the real property in question. Failure to notify every property owner due to clerical oversight or failure of mail delivery shall not affect the validity of the hearing or determination of zoning and planning. U.S. postal service proof of delivery receipts shall be turned in to the town clerk no later than one day prior to the date set for the public hearing, as verification that the above subsection and paragraph have been complied with.
C. Public Entity As Petitioner: In the event that a public entity is the owner of fifty percent (50%) of the land within the radius of three hundred feet (300') of the subject property, it may directly petition zoning and planning for such conditional use. However, the owners of adjacent property shall be notified as provided in subsection B of this section.
D. Notice Erected On Property: Upon receipt of petitions for conditional uses, zoning and planning shall cause a sign to be posted on the property affected at least seven (7) days before the hearing; such sign to be readable from public roadways and containing the following information:
1. Case number and zone affected.
2. Nature of conditional use requested.
3. Date and place of public hearing.
4. The location of a public office where additional information can be obtained.
E. Conditional Use Permit Fee: Upon submission of an application for a conditional use permit, a fee of fifty dollars ($50.00), as established by town council, shall be paid by the applicant to the town.
F. Action Time Line: Unless otherwise stated in the minutes of zoning and planning, all conditional use permits shall be valid for and must be acted upon within six (6) months.
G. Permit Runs With Land: Conditional use permits run with the land and succeed to the benefit of subsequent owners subject to the terms and conditions of the permit. The permit is subject to review and possible revocation for noncompliance with the terms of the permit or other violations of this code.
H. Appeals: Appeals from decisions of zoning and planning shall be made to the town council. (Ord. 2012-1, 4-17-2012)