(A) Objectives. The principal objective of this title is to provide for the proper location of all types of land use. To accomplish this objective, various uses of land are classified by this title as being permitted in 1 or more of the various districts established. However, it may be necessary to permit certain uses in districts other than those in which they are classified, because of their unusual characteristics or the large area required for their operation. These uses require special consideration as to their proper location in relation to adjacent uses or to the development of the town, and to the various elements, of the land use plan for the town. Because of the various types of uses and locations requiring special consideration, the specific conditions under which each use may be permitted also must be considered. Such uses, together with the conditions controlling their operation are specifically designated as conditional uses within this title.
(B) Approval. Approval may be granted by the BZA after a public hearing provided the following findings are made:
(1) The use is deemed essential or desirable to the public convenience or welfare.
(2) The use is in harmony with the various elements of objectives of the land use plan for the town.
(3) The use will not be detrimental or injurious to the character of the development of the immediate neighborhood.
(C) Conditions and limitations. When granting approval for a conditional use the Board of Zoning Appeals may attach any conditions or limitations that it determines necessary for the protection of the surrounding area in order to promote the intent and purpose of this title.
(D) Granting of conditional use. The grant of a conditional use, by the Board of Zoning Appeals, shall be by resolution and shall not be by ordinance amending this title.
(E) Time limit. Any conditional or special use granted by the BZA shall expire 6 months after the effective date of such action by the BZA, unless a permit based upon and incorporating the conditional or special use is obtained within the aforesaid 6-month period, or unless the provisions of the conditional or special use are adhered to within the aforesaid 6 months, provided good cause is shown, and the application for extension shall be filed with the BZA at the Planning Commission 2 weeks prior to the expiration of the aforesaid 6-month period.
(Ord. 2017-02, passed 2-20-2018)