A. Certificate Required: Only persons holding a current childcare certificate may be granted a conditional use permit.
B. Application For Conditional Use Permit, Contents: Any person holding a current childcare certificate or other evidence of permission from the state department of health and social services may file an application for a conditional use permit to operate a childcaring facility with the mayor's authorized representative setting forth the following:
1. The person's name.
2. Certificate number or other identifying information or other evidence of permission.
3. Location of the childcaring facility.
4. The type of childcaring facility.
5. Number of children to be cared for.
C. Public Hearing: The town council will set the application for public hearing and shall notify the owners of land within three hundred feet (300') of the location of the filing of the application and the day of hearing and that any objections must be in writing.
D. Issuance Of Conditional Use Permit: After the hearing on the application, the town council may issue a conditional use permit with any special restrictions placed thereon. If there is a protest against the issuance of the permit, signed by the owners of twenty percent (20%) or more of the lots immediately adjacent to the location within a distance of one hundred forty feet (140'), the permit may be issued only upon the affirmative vote of three-fourths (3/4) of all members of the governing body. In determining the one hundred forty feet (140'), the width of any intervening street or alley shall not be included.
E. Term Of Conditional Use Permit: A conditional use permit issued pursuant hereto shall be valid for a period of one year and shall be automatically terminated if the certificate shall expire, be revoked or otherwise be no longer in force or effect. Any person holding a conditional use permit shall make application annually for its renewal within thirty (30) days of its expiration. The town council may, at its discretion, set the application for renewal for public hearing or may, without further procedures, grant the renewal. (Ord. 2012-1, 4-17-2012)