A. Conditions: The commission or the board shall enter an order approving, conditionally approving or disapproving the application within thirty one (31) days after conclusion of the public hearing together with the reasons therefor. Conditional uses are subject to the conditions specified prior to issuance of their permits. Conditions which may be attached include, but are not limited to, those which will:
1. Minimize adverse impact on other development.
2. Control the sequence, timing and duration of development.
3. Assure that development is maintained properly.
4. Designate the exact location and nature of development.
5. Require the provision for on site or off site public facilities or services.
6. Mitigate foreseeable social, economic, fiscal and environmental effects, including the effect on potable water sources when the project is located within a wellhead protection area. The commission may impose reasonable conditions of approval to protect the surface and/or ground water from contamination, including, without limitation, the installation by the applicant of monitoring wells and the granting of easements relating to such wells.
7. Require more restrictive standards than those generally required in this title.
B. Gravel Or Shale Pit Conditions: Permits for gravel or shale pits may be granted subject to the following specific conditions:
1. Permits shall be granted for a period of two (2) years or less.
2. Excavation shall take place no closer than ten feet (10') from any property line or right of way.
3. Excavation and hauling of gravel shall be operated only between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., or confined to weekdays unless exceptions for special project require longer hours or weekend and holiday work.
4. All topsoil must be stockpiled to be used to restore the excavation area at the termination of the permit. Excavated areas shall be back sloped and smoothed and all traces of excavation shall be removed.
5. The minimum distance from any natural stream shall be established by the commission or the Board.
6. Access roads may be required to be paved if the use of any unpaved access road would interfere with the health and safety of others or interfere with the enjoyment of residential or recreational property rights.
7. All uses in connection with the gravel pit shall set back at least one hundred feet (100') from any major arterial.
8. All uses shall be subject to most recent State and Federal Air Pollution Regulations.
C. Floodplain Overlay District Conditions: Conditions attached to conditional use permits in the Floodplain Overlay District are described in subsection 9-17-9F of this title.
D. Public Works Asphalt Plants And Gravel And Shale Pit Conditions: Permits for public works asphalt plants and public works gravel or shale pits may be granted subject to the following specific conditions:
1. The scrubbing ponds and all fuel material tanks, used with public works asphalt plants, shall be placed over lined pits capable of preventing any seepage into the ground, watercourses or water table.
2. All uses shall be subject to the most recent State and Federal EPA, OSHA and air pollution standards.
3. A restoration plan shall be filed with each application. Restoration work shall be completed within one growing season after the completion of the project.
4. An application shall contain:
a. A proposed timetable for each phase of the use;
b. A statement indicating the need for the use and the approximate savings to be had over using an established nontemporary site for the public works asphalt plant or public works gravel or shale pit, so the commission or the Board may evaluate the need for the temporary site;
c. A statement indicating how such a temporary use will serve the public interest; and
d. A statement agreeing that no permanent change in the temporary site will take place other than the changes which take place with the removal of gravel.
5. Any other condition deemed appropriate in subsections A and B of this section.
E. Tier 2 Conditional Use Permits: Conditional use permits for tier 2 home occupations may be granted in all zoning districts except Resource Conservation District (RC-160) and Heavy Industrial District (HI) subject to the following specific conditions:
1. The home occupation shall be conducted by the inhabitants of the dwelling, with a maximum of two (2) non-resident employees.
2. If conducted within a dwelling, the home occupation shall use less than one-fourth (1/4) the gross floor area of the dwelling unit.
3. It shall not generate traffic exceeding that of regular traffic patterns for local streets (as identified in the current ITE Trip Generation Manual).
4. Outdoor display or storage of materials associated with the home occupation:
a. Shall be screened from view from adjacent public or private access ways and from the adjoining properties.
b. Shall not exceed twenty percent (20%) of the lot area or one acre, whichever is less, or a smaller area as established by the commission or hearing examiner.
c. Shall comply with the standards of any overlay district in which it is located.
(Ord. 2019-03, 1-8-2019; Ord. 2011-01, 1-18-2011; Ord. 2006-13, 10-26-2006; Ord. 96-3, 4-8-1996; Ord. 95-2, 3-6-1995; Ord. 92-5, 9-14-1992; Ord. 90-4, 6-11-1990; Ord. 77-5, 3-28-1977, eff. 4-7-1977)