(1) CU-R-1 Conditional Use R-1 District;
(2) CU-R-2 Conditional Use R-2 District;
(3) CU-CBD Conditional Use CBD District;
(4) CU-HC Conditional Use HC District;
(5) CU-IND Conditional Use IND District;
(6) CU-PS Conditional Use PS District;
(7) CU-MU Conditional Use MU District; and
(8) CU-TND Conditional Use TND District.
(B) It is recognized that certain types of zoning districts would be inappropriate at certain locations in the absence of special conditions. Where the applicant for rezoning desires property to be rezoned to such a district in those situations, the Conditional Use District (CUD) is a means by which the special conditions can be imposed in the furtherance of the purposes of this chapter. The Conditional Use District classification will be considered for rezoning only upon request of a property owner. If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid or if the applicant should fail to accept any condition, it is the intent of this chapter that the authorization of the conditional use permit shall be null and void and of no effect, and that proceedings shall be instituted to rezone the property to its previous zoning classification.
(C) Within a CUD, only those uses authorized as either permitted or conditional uses in the zoning district with which the CUD corresponds shall be permitted, and all other requirements of the corresponding district shall be met as minimum standards. In addition, with a CUD no use shall be permitted except pursuant to a conditional use permit authorized by the Town Council, which shall specify the use or uses authorized. The permit may further specify the location on the property of the proposed use or uses, the number of dwelling units, the location and extent of supporting facilities such as parking lots, driveway and access streets, the location and extent of buffer areas, and other special purpose areas, the timing of development, the location and extent of right-of-way and other areas to be dedicated for public use, and other such matters as the applicant may propose as conditions upon the request, but not to include conditions not generally a part of land development controls. In granting a conditional use permit, the Town Council may impose additional reasonable and appropriate safeguards upon the permit as it may deem necessary in order that the purpose and intent of this chapter are served, public welfare secured and substantial justice done.
(D) In approving a Conditional Use District Rezoning, the Town Council shall make the following (in addition to the findings for conditional use permits in § 154.081(C) below) affirmative findings:
(1) That the use(s) requested is among those listed as an eligible use in the Conditional Use District in which the subject property is located or is to be located; and
(2) That the location and character of the Conditional Use District if developed according to the site specific plan will be reasonable and consistent with the surrounding area and with adopted plans of the town.
(Ord., Art. X, § 1000, passed - -; Am. Ord. passed 3-16-2017)