§ 22-821. Conditional uses.

The following steps must be followed to request a conditional use:

(1)

All applications must be filed with the administrative official on the proper form furnished by the administrative official, and said application shall only be accepted when filed by the owner of the property under consideration or his authorized agent or attorney.

(2)

The application submitted shall include the following information:

a.

An adequate legal description of the premises as to which the conditional use is requested;

b.

The names and addresses of the owners or tenants in possession of the premises;

c.

A description of the conditional use desired which shall specifically and particularly describe the type, character and extent of the proposed conditional use;

d.

The reason for requesting the conditional use;

e.

The signature of the owner or the owner's authorized agent or attorney, including a copy of the agency agreement or a written consent of the owner;

f.

Payment of the official filing fee as set by the town council.

(3)

After the administrative official has received the request, the request will be placed on the agenda of the next meeting of the planning agency (community development board), which will meet the time limit required by the planning agency. The planning agency shall study each request for a conditional use, conduct a public hearing after due public notice and make a written recommendation to the town council. The written report and recommendation shall state specific reasons and findings of fact upon which its recommendation is based.

(4)

Any review of any application for a conditional use shall consider:

a.

Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;

b.

Off-street parking and loading areas, where required, with particular attention to the items in subsection (1) of this section and the economic, noise, glare and odor effects of the special exception on adjoining properties and properties generally in the district;

c.

Refuse and service areas, with particular reference to the items in subsections (1) and (2) of this section;

d.

Utilities, with reference to locations, availability and compatibility;

e.

Screening and buffering, with reference to type, dimensions and character;

f.

Signs, if any, and proposed exterior lighting, with reference to glare, traffic, safety, economic effects and compatibility and harmony with properties in the district;

g.

Required yards and other open space;

h.

General compatibility with adjacent properties and other property in the district.

(5)

The town council shall conduct a public hearing after due public notice, following which they shall consider the application for a conditional use permit and the planning agency's report and recommendation thereon, as well as citizens' attending such hearing and shall deny, approve or approve with conditions the petitions.

(6)

The town council may, as a condition to the granting of any application for a permit, impose such conditions, restrictions or limitations in the use of the premises, or upon the use thereof as requested in the application, as the town council may deem appropriate and in the best interest of the town, taking into consideration matters of health, safety and welfare of the citizens, protection of property values and other considerations material to good zoning principles and concepts.

(7)

Any conditional use permit granted by the town council shall permit only the specific use or uses described in the application, as the same may be limited or restricted by the terms and provisions of the permit, and none other; any expansion or extension of the use of such premises, beyond the scope of the terms of the permit, shall be unlawful and in violation of this chapter and render the permit subject to suspension or revocation by the town council.

(8)

The town council may suspend or revoke a conditional use permit at any time the town council determines that the use has become a public or private nuisance because of an improper, unauthorized or other unlawful use of the premises. If a petition for a conditional use permit is denied by the town council, thereafter, the town council shall take no further action on another petition for substantially the same use on the same premises until twelve (12) months after the date of the last denial.

(Ord. No. 2013-01, § 5(Attach., § 10.03.00), 7-9-13)