1.9.3 Conditional Use Permits
A.   Conditional Use Permits may be granted only when expressly permitted by this Ordinance, and only after the Commission has made recommendation, and Council has approved the request by motion based upon a finding that the authorizing of the Use Permit: (1) will not be materially detrimental to persons residing or working in the vicinity adjacent to the property, to the neighborhood, or to the public welfare; and (2) that the proposed use is reasonably compatible with uses permitted in the surrounding area. The burden of proof satisfying these requirements rests with the applicant.
B.   Applications for Conditional Use Permit approval shall be filed on a form provided by the Development Services Department and shall be accompanied by the appropriate fee, together with a Site Plan of the premises and other data required by the Zoning Administrator, or his/her designee.
C.   The Commission shall conduct a public hearing prior to forwarding its written recommendation to the Council. A notice of the time and place of the public hearing shall be posted on the property at least five (5) days prior to the Commission meeting. A notice of the public hearing shall be published in an official newspaper of general circulation in the Town at least fifteen (15) days prior to the scheduled hearing date. Notice shall be provided by first class mail to all property owners within three hundred (300) feet at least fifteen (15) days prior to the public hearing.
D.   The Commission may recommend and the Council may impose specific conditions or requirements pertaining to the site or operation of the requested use.
1.   A Use Permit may be granted for a designated period with a date of expiration stated therein or may be granted for an indefinite period. Should the use not be established as proposed within one (1) year, the Use Permit approval shall become null and void.
2.   Additional conditions that may be considered, include, but are not limited to the following:
a.   Mitigation of potential impacts on surrounding properties such as, but not limited to, noise, lighting, odor, or placement of trash receptacles.
b.   Assurance of adequate parking, ingress and egress so as not to increase traffic congestion.
c.   Hours of operation.
d.   Maintenance of a positive appearance, with appropriate screening, landscaping and buffering to preserve reasonable use and enjoyment of adjacent properties.
E.   After the hearing, the Commission shall render its decision in the form of a written recommendation to Council. The recommendation shall include the reasons for the recommendation and be transmitted to Council in such form and manner as may be specified by Council.
The Council may adopt the recommendations of Commission without holding a second public hearing if there is no objection, request for public hearing, or protest. The Council shall hold a public hearing if requested in writing by the applicant, or any person who has filed a written protest, or requested by any member of Council. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission. In addition, the municipality may give notice of the hearing in such other manner, as it may deem necessary or desirable.
(Ord. 06-678, passed 11-9-2006)