(A) Purpose. To provide for the regulation of land uses to ensure their compatibility and proper integration into the land use pattern of the town. Certain uses which may be harmonious under special conditions, but improper under general conditions are classified as conditional uses and require conditional use permits for approval, prior to construction.
(B) Permit required. An approved conditional use permit shall be required for each conditional use listed in this chapter. No building permit or other permit or license shall be issued for a use requiring conditional use approval until a conditional use permit shall first have been recommended by the Commission and then approved by the Town Council.
(C) Conditional use application. Petition for a conditional use permit shall be made to the Town Clerk on forms provided by the town and a filing fee, (see fee schedule) as may be established from time to time by the Town Council, shall be paid. Along with the application, the applicant shall file a site development plan, drawn to scale, and showing the location of all existing and proposed buildings, fences, general landscaping, automobile circulation and parking, loading areas, garbage collection areas, lighting, signs and topography. If necessary, the applicant will file a vicinity map, a drainage plan and any other information that the Commission may deem desirable to properly consider the request.
(D) Commission action. Upon receipt of an application for a conditional use permit, the Planning and Zoning Commission shall hold a hearing on the request at its next regular Commission meeting. The Commission, after review, shall recommend approval of the request by addition of any conditions that it might deem necessary to protect the health, safety, welfare and aesthetics of the area.
(E) Council action. Once the Commission has held a hearing on the application for a conditional use permit, it shall make recommendation to the Town Council, and the Council may approve deny or send the conditional use application back to the Commission for modification in public meeting. In approving any conditional use, the Council shall find the proposed use to be necessary or desirable for and not detrimental to the public health, safety and welfare, and that it is in harmony with the intent and purpose of the master plan of the town. It may impose such regulations and conditions it may deem necessary to allow it to make those findings.
(F) Time limitation. The use becomes effective upon Council action. The conditional use permit shall be good for a period of one year from the date of approval, otherwise it shall become null and void. At the termination of the time period, the permit shall be void if the work approved by the permit has not been completed. An extension for the construction period may be approved by the Council, upon application by the applicant and recommendation by the Planning and Zoning Commission. Extensions may be granted for a maximum period of one year at a time. Upon completion of the construction of all improvements proposed and required to be constructed, no further review shall be necessary. The Council may place a time limitation on some uses in which case the use will be reviewed at the end of the period specified. The review may result in a continuation of the request for a period of time, or it may result in termination of the conditional use permit.
(G) Denial of request. In the event that the Council denies the request for a conditional use permit, no person shall reapply on the same property for a period of one year from the date of denial unless the conditions upon which the original denial was based have changed substantially.
(1974 Code, § 18-2-3) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)