(A) Purpose and applicability. Conditional use permits shall only be granted in conjunction with a Conditional Use District rezoning, and shall be processed and considered in a quasi-judicial manner by the Town Council. Proposals for a rezoning to any Conditional Use District shall always be accompanied by a request for a conditional use permit and shall be heard and considered simultaneously.
(B) Approval process.
(1) The Town Council shall consider the application in accordance with the findings-of-fact in division (C) below. The proposals and requests shall be processed and considered in the same procedure as conventional rezoning proposals, except as otherwise set forth herein, and the voting shall be the same as that required for zoning matters.
(2) If the Town Council should determine that the property involved in the proposal should be rezoned and the conditional use permit issued, it shall adopt an ordinance rezoning the property and authorizing the issuance of a conditional use permit. Otherwise the proposal shall be denied.
(3) An application shall be filed with the Zoning Administrator and shall be accompanied by a site specific plan with the following requirements:
(a) Existing site conditions, including contours, water courses, identified flood hazard area, and unique natural or human-made features.
(b) Boundary lines of the proposed development, proposed lot lines and plot designs;
(c) Proposed location and use of all existing and proposed structures;
(d) Location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreation areas, school sites and similar public and semi-public uses;
(e) The existing and proposed street system, including location and number of off-street parking spaces, service areas, loading areas and major points of access to public right-of-way. Notations of proposed ownership of the street system (public or private). Documentation from the Town Fire Department of the adequacy of the development's facilities for emergency medical and fire services;
(f) Approximate location of proposed utility systems, including documentation approving the proposed water and sewer systems from the appropriate local and state agencies. Documentation of an approved Sedimentation and Erosion Control Plan shall also be submitted where required;
(g) Location and/or notation of existing and proposed easements and right-of-way;
(h) The proposed treatment of the perimeter of the development including materials and/or techniques such as screens, fences and walls;
(i) Information on adjacent land areas, including land use, zoning classifications, public facilities and any unique natural features;
(j) Where applicable, the following written documentation shall be submitted:
1. A legal description of the total site proposed for development, including a statement of present and proposed ownership;
2. The zoning district or districts in which the project is located;
3. A development schedule indicating approximate beginning and completion dates of the development, including any proposed states;
4. A statement of the applicant's intentions with regard to the future selling and/or leasing of all or portions of the development;
5. Quantitative data for the following: proposed total number and type of residential dwelling units; parcel size; gross residential densities and total amount of open space; and
6. Plan for maintenance of common areas, recreation areas, open spaces, street and utilities.
(k) Any additional information required by the Town Council in order to evaluate the impact of the proposed development. The Council may waive a particular requirement if in their opinion the inclusion is not essential to a proper decision on the application.
(C) Conditions, evidence and findings of fact.
(1) In approving an application for a conditional use permit, the Town Council may attach fair and reasonable conditions to the approval. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Town Council. In no instance shall any of these conditions be less restrictive than any requirements which would pertain to that particular development found elsewhere in a similar zoning district.
(2) The applicant has the burden of producing competent, material and substantial evidence to establish the facts and conditions. If any person submits evidence allegedly contrary to any of the facts or conditions, the burden of proof for overcoming the evidence shall rest with the applicant.
(3) The Town Council shall issue a conditional use permit if it has evaluated an application and determined that the proposed use satisfies the following standards:
(a) That the use requested is among those listed as an eligible conditional use in the district in which the subject property is located or is to be located. The authorization of a conditional use permit for any use which is permitted only as a special use in the zoning district which corresponds to the Conditional Use District shall preclude any requirement for obtaining a special use permit for any such use from the Board of Adjustment;
(b) The use will not materially endanger the public health or safety if located where proposed and developed according to plan;
(c) The use meets all required conditions and specifications;
(d) The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity; and
(e) The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the adopted land use plans and other plans for physical development of the town area as adopted by the Town Council.
(D) Decisions.
(1) Time. A decision by the Town Council shall be made within 30 days from the time of hearing.
(2) Form.
(a) Written notice of the decision in a case shall be given by certified or registered mail to the applicant by the secretary as soon as practicable after the case is decided. Also, written notice shall be given to owners of the subject property, if not the applicant, and to other persons who have made written request for the notice.
(b) The final decision of the Town Council shall be shown in the record of the case as entered in the minutes of the Council and signed by the secretary and the Chairperson upon approval of the minutes by the Council.
(c) The record shall show the reasons for the determination, with a summary of the evidence introduced and findings of fact made by the Council. The record shall state in detail what, if any, conditions and safeguards are imposed by the Council in connection with the granting of a conditional use permit.
(3) Voting. The concurring vote of a majority of the members of the Town Council shall be necessary to granting a conditional use permit.
(4) Public record of decisions. The decisions of the Town Council, as filed in its minutes, shall be a public record, available for inspection at all reasonable times. In addition, and at the applicant’s expense, approved conditional use permits shall be filed with the County Register of Deeds by the Town Clerk within one month from the date of approval.
(E) Effect of approval and expiration of approval.
(1) Any conditional use permit shall be perpetually binding upon the property included in the permit unless subsequently changed or amended by the Town Council, as provided for in division (F) below. If an application for a conditional use permit is approved by the Council, the owner of the property shall have the ability to develop the use in accordance with the stipulations contained in the conditional use permit or develop any other use listed as a "permitted use" for the general zoning district in which it is located. Any conditional use permits so authorized shall be perpetually binding on the property included in the permit unless subsequently changed or amended by the Town Council.
(2) Unless the Town Council issues a conditional use permit which either is specifically exempt from any time constraints or has some other specified time period for implementation, the applicant must secure a valid building permit within a one year period from date of issuance of the conditional use permit. In addition, if the project for which a conditional use permit was issued is not complete and a valid building permit is not in place at the end of the 12-month period, the Zoning Administrator shall notify the applicant of the finding, and within 60 days of the notification, the Zoning Administrator shall make a recommendation concerning the recision of the conditional use permit to the Town Council. The Town Council, after having conducted a public hearing to consider the recision, may then rescind the conditional use permit, or extend the life of the conditional use permit for a specified period of time.
(F) Alterations to site and amendments to conditional use permit.
(1) "Minor changes" are changes in the detail of the approved site which:
(a) Will not alter the basic relationship of the proposed development to the adjacent property;
(b) Will not increase the gross floor area of any non-residential use by the lesser of 10% or 10,000 square feet; and
(c) Will not decrease the off-street parking ratio or reduce the yards provided at the periphery of the site by greater than five feet.
(2) Minor changes may be made with the approval of the Zoning Administrator on a one-time basis only. Further changes to the development may only be made by the Town Council by amending the conditional use permit. Any request to materially change the conditional use permit once it has been issued shall be reviewed in entirety through the Board approval process.
(G) Re-application following denial.
(1) If a request for conditional use permit is denied by the Town Council, a similar application for the same property or any portion thereof shall not be filed until the expiration of a 12 month period from the date of the most recent denial by the Council. This waiting period shall not be applicable where the application for a conditional use permit is substantially different from the original application.
(2) The term
SUBSTANTIALLY DIFFERENT as herein applied shall mean:
(a) The proposed principal use is different from the use contained in the original application; or
(b) The gross floor area of the proposed development has been reduced by 50% or more from that contained in the original application.
(Ord., Art. X, § 1001, passed - -; Am. Ord. passed 4-17-2014)