(A) Purpose. Conditional uses require public review of activities that may have a significant impact on the landscape setting, public facilities or neighboring land uses. Conditional uses are special exceptions that may be compatible with the permitted uses in a zoning district, but require individual review of their location, scale, design and configuration, and may include the imposition of special conditions or mitigations in order to ensure the appropriateness of the use at a particular location within a given zoning district.
(B) Procedure. The following is the typical procedure for an applicant to apply for and receive a conditional use permit.
(1) The applicant shall submit a properly completed conditional use permit application form, a site plan, any supporting materials necessary to demonstrate compliance with these regulations and the required application fee at the Town Hall.
(2) The Town Clerk shall process the application and cause the application to be received by the Zoning Administrator.
(3) The Zoning Administrator shall determine whether the application is complete and sufficient for review. When an application is determined incomplete or insufficient, the Zoning Administrator shall provide written notice to the applicant indicating what information must be submitted for the review to proceed.
(4) After determining a conditional use permit application is complete and sufficient, the Zoning Administrator shall place a public hearing on the proposed conditional use on the agenda of the next Board of Adjustment meeting for which the notice requirements of these regulations can be met (§ 155.080 of this chapter), and at which time will allow for its proper consideration.
(5) The Zoning Administrator or Town Clerk shall give notice of the public hearing in accordance with § 155.080 of this chapter.
(6) The Zoning Administrator shall prepare, or contract for preparation of, a report that describes the proposed conditional use, its site, its context, and its compliance, or failure to comply, with the applicable requirements of these regulations. In preparation of the report, the Zoning Administrator may seek input from the police, fire, parks, sewer and water, streets, solid waste and other departments as well as other agency and service providers, including the state’s Department of Transportation, the local school district, utility service providers, the state’s Department of Environmental Quality and others. In the report the Zoning Administrator shall propose findings of fact and a recommendation of approval, approval with conditions or denial of the proposal for the Board of Adjustment’s consideration.
(7) (a) The Board of Adjustment shall conduct a hearing on the proposed conditional use. At that hearing, the Board of Adjustment shall review the particular facts and circumstances of the proposed conditional use and adopt findings of fact in support of its decision.
(b) If the Board finds the application complies with the evaluation criteria in division (C) below, it shall approve the application. If the Board finds the application fails to comply, it shall deny the application.
(8) Conditions may be attached to approval of any conditional use permit as provided in division (D) below; provided, the Board of Adjustment specifically identifies the basis for each condition.
(9) Consideration of a conditional use permit application may be tabled for no more than 35 calendar days.
(10) Within 15 working days after a decision on the conditional use permit application is made, the Zoning Administrator, working on behalf of the Board of Adjustment, shall notify the applicant of the decision and any conditions attached to the approval.
(11) If all conditions required by the Board of Adjustment are met at the time the Board of Adjustment’s approval is issued by the Zoning Administrator, the conditional use permit shall be issued at that time.
(12) Upon the applicant demonstrating compliance with any conditions required by the Board of Adjustment to the Zoning Administrator, the conditional use permit will be issued by the Zoning Administrator within 15 working days.
(13) Approval of a conditional use by the Board of Adjustment does not require the Zoning Administrator to permit any activity that is found to not comply with other applicable requirements.
(C) Evaluation criteria. The Board of Adjustment, after weighing and evaluating the proposed use in light of the criteria set forth below, shall grant a conditional use permit if the application, supplemental information, public hearing and other evidence demonstrate that:
(1) The proposed use complies with the applicable standards and the requirements of the zoning district in which the project is proposed;
(2) The proposed use, including mitigation measures, shall have no more adverse effects on the health, safety or welfare of persons living or working in the neighborhood, or shall be no more injurious to property or improvements in the neighborhood than would any other permitted or conditional uses in the same district. In making such determination, consideration shall be given to the location, type, height, scale, layout and the type and extent of landscaping and screening on the site, as well as measures proposed by the applicant to minimize impacts to neighborhood;
(3) Adequate facilities and services are, or will be, through the application of these regulations and the adoption of conditions, made available to serve the proposed use including police, fire, parks, sewer, water, streets, motorized and non-motorized transportation, drainage, solid waste, schools and other facilities and services as appropriate;
(4) Adequate measures shall be taken as necessary to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads; and
(5) No use shall be constructed or operated so as to cause excessive noise, vibrations, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare into a residential district. EXCESSIVE is defined for these purposes as a degree that could be observed by the Zoning Administrator to be injurious to the public health, safety or welfare.
(D) Conditions. Conditions may be imposed upon the approval of any conditional use permit, if:
(1) They are clearly designed to ensure compliance with one or more specific requirement of these or other adopted regulations the town has the ability to enforce;
(2) They are clearly designed to ensure the applicant complies with other laws or regulations;
(3) They are directly related to the anticipated impacts of the proposed use;
(4) They are roughly proportional to the anticipated impacts of the proposed use;
(5) The applicant offers to take specific actions in relation to the proposal that can be ensured through the implementation of a condition; or
(6) Conditions are deemed necessary to protect the public health, safety and general welfare.
(E) Approval period. Conditional use permits are typically valid for three years from the date of approval by the Board of Adjustment, during which time all construction must be completed and compliance with the permit demonstrated. After this time, the use must remain in compliance with the Board of Adjustment approval and these regulations. However:
(1) A conditional use permit may be granted with a shorter approval period as deemed appropriate by the Board of Adjustment with a justifiable reason related to protecting public health and safety or to ensure compliance with these regulations or other applicable regulations or laws; and
(2) (a) At the end of the approval period the Board of Adjustment may, at the request of the applicant, extend its approval for a mutually agreed-upon period of time. Any mutually agreed-upon extension must be in writing, dated and signed by at least three members of the Board of Adjustment and the applicant. The Board of Adjustment may issue more than one extension.
(b) For a permit to be extended, the applicant may be required to submit substantiating evidence justifying the request and showing good cause for extending the permit period.
(Ord. 329, passed 1-11-2016)