(a) Upon receipt of a completed application form for a conditional permit, a conceptual plan, and the pre-application filing fee, the planning staff shall schedule a Commission public hearing on the application and publish a legal advertisement at least (15) days prior to such hearing giving its date, place, and hour.
(b) The Commission after a public hearing, may authorize any of the uses, which are permitted by conditional permit in the Zoning Ordinance. Such uses shall be subject to the applicable district regulations for setbacks, landscaping and screening, parking and loading, height, signs, and the intensity of use. Furthermore, in order to protect the public health, safety, and welfare, some conditional permit uses shall be subject to certain additional regulations that pertain to the development. In addition, the Commission may attach reasonable restrictions to any conditional permit use as it deems necessary to comply with the purposes of this ordinance and the Town Plan. Existing conditional permit uses shall not be enlarged, extended or relocated without first receiving approval of a new conditional permit.
(c) Before the issuance of a special permit, the Commission shall make a decision regarding the effects of such proposed use upon the character of the neighborhood, public utilities, traffic conditions, fire protection, and other matters pertaining to the public health, safety, and general welfare. The action on such applications may include restrictions or conditions deemed necessary to safeguard the public health, safety, or general welfare.
(d) If the conceptual plan is approved, the owner/developer will submit a final plan and the appropriate filing fee in accordance with the applicable town regulations.
(e) Upon receipt of the final plan, the planning staff shall refer a copy to the town engineer for his review and report.
(f) An approved conditional permit and its site plan shall remain valid for a period of one year after the date of approval and shall become null and void if development has not been completed. Preparation of plans, financial arrangements, permits, contracts, grading the site or stockpiling materials shall not constitute actual construction.
(g) An approved site plan may be amended in accordance with standards and procedures herein, including payment of fees. However, the planning staff may waive such procedures and fees for minor changes such as:
(1) Relocation of building exits/entrances
(2) Minor movement of building walls, but maintaining required yard setbacks.
(3) Changing to a more restrictive use, provided there is no increase in parking demand
(4) Changing the angle of parking or aisle width, provided that the overall parking requirement is met
(5) Moving ingress/egress points if required by a public regulatory agency
(6) Substitute landscape plant species that will provide screening effects equivalent to the approved variety
(7) Change in the type and design of lighting fixtures, which will provide lighting effects equivalent to the approved lighting arrangement
(8) Increase in peripheral yards
(h) If at any time during the application process, the applicant delays more than six (6) months responding to any request, comment, or required step the application and its process will be terminated. If the applicant wishes to proceed with seeking approval for the application, they will be required to start from the beginning.
(Ord. 2005-06-02. Passed 3-20-06.)