[Amended 1-9-2023 by Ord. No. 2022-008]
The purpose of conditional use approval is to
provide for certain uses that cannot be well adjusted to their environment
in particular locations or are not permitted in the current zoning
district but would not have an adverse effect on the surrounding area
and properties. These uses are generally of public or semipublic character
and are essential and desirable for the general convenience and welfare
of the Town. Because of their unusual characteristics, or the special
characteristics of the area where they are to be located, conditional
uses require special consideration so that they may be properly located
with respect to the objectives of this chapter, the Comprehensive
Plan and their effect on nearby properties.
A.
Conditional use of a property may be permitted, permitted
with conditions or not permitted by the Town Council.
B.
In permitting a conditional use or the modification
of a conditional use, the Town Council may impose those standards
and requirements expressly specified by this chapter and any additional
conditions that it or the Planning and Zoning Commission considers
necessary and reasonable to protect the best interests of the surrounding
property, the neighborhood, or the Town as a whole.
[Amended 1-9-2023 by Ord. No. 2022-008]
C.
On application and after public notice and hearing,
the Town Council may authorize the issuance, by the Code Enforcement
Officer, of a permit for a conditional use.
[Amended 1-9-2023 by Ord. No. 2022-008]
The following uses shall be approved by the
Mayor and Town Council as conditional uses in any district from which
they are prohibited, except as otherwise provided, in accordance with
the procedures and standards of this chapter, provided that the location
is appropriate and that the public health, safety, morals and general
welfare will not be adversely affected, that adequate off-street parking
facilities will be provided, that they do not contribute to the traffic
problem on congested roads and that necessary safeguards will be provided
for the protection of surrounding property, persons and neighborhood
values, and further provided that the additional standards of this
chapter are complied with. Unless otherwise specified in this chapter
or specified as a condition of approval, the height limits, yard spaces,
lot area and sign requirements shall be the same as for other uses
in the district where the conditional use is located.
A.
Any use that is not permitted in the zoning district
where it is intended, for example, businesses, commercial stores or
light industrial uses.
A.
A property owner(s) or his agent(s) may initiate a
request for a conditional use or modification of a conditional use
by filing an application which includes a legal description of the
property and provide as required a proposed current site plan showing
the size and location of the lot, the location of all buildings and
proposed facilities, including access driveways, parking areas and
all streets within 250 feet of the lot, plans and elevations necessary
to show the proposed development, other drawings or information necessary
to an understanding of the proposed use and its relationship to surrounding
properties and a filing fee. For applicable conditional use filing
fees, please consult the currently effective Town of Milton Fee Schedule.
[Amended 1-9-2023 by Ord. No. 2022-008]
B.
Before a conditional use is permitted the proposed
conditional use shall be subject to public notice and a public hearing
held by the Planning and Zoning Commission. The Planning and Zoning
Commission shall fix the time and place of the public hearing and
cause notice to be given as follows:
(1)
By publishing notices of the proposed conditional
use and the time and place of the public hearing in a newspaper of
general circulation in the Town, not less than 10 days prior to the
date of public hearing.
(2)
By giving written notice of hearing to any required
municipal, county, state or federal agency in a manner prescribed
by law.
(3)
The applicant shall notify all owners, within 200
feet of the boundaries of the property that is the subject matter
of the petition, of the time and date for the public hearing on the
proposed change or amendment or proposed land use by sending such
property owners a copy of the notice that is published in a paper
of general circulation. Such notices shall be sent certified mail
return receipt requested to property owners a minimum of 10 days prior
to the date scheduled for the public hearing. A list of properties
mailed to, copies of proof of mailings and return receipts shall be
provided to the Code Enforcement Officer five days prior to the public
hearing.
[Amended 1-9-2023 by Ord. No. 2022-008]
(4)
In addition to any public notice required by this article, the Town
Manager shall cause to be posted at one or more prominent and easily
visible places on the property the subject of the conditional use
application, on an eighteen-inch by twenty-four-inch placard, a public
notice setting forth the date and time at which the Planning and Zoning
Commission has scheduled a the public hearing on the conditional use
application; the name of the applicant; a description and size of
the property involved; and a statement, in plain language, of the
matter involved. One such notice sign shall be posted for each street
where said property fronts. It shall be the responsibility of the
applicant to maintain the notice signs in good condition during the
posting period. Said notice signage shall be posted at least 15 days
prior to the meeting date of the public hearing.
[Added 1-9-2023 by Ord.
No. 2022-008]
C.
The Planning and Zoning Commission will review the
application and required material for the conditional use to ensure
that all the requirements set forth in this chapter are met and any
additional requirements that will be imposed by the Planning and Zoning
Commission are applied to the site plan prior to it being forwarded
with the Planning and Zoning Commission's recommendation to the Town
Council for its review and decision. If the Planning and Zoning Commission
recommends disapproval of the conditional use, or recommends modification
thereof, the Town Council shall not act contrary to such disapproval
or recommendation except by a four-fifths vote.
[Amended 1-9-2023 by Ord. No. 2022-008]
D.
Town Council will review the site plan and requirements
established by the Planning and Zoning Commission, establish conditions
of their own or deny the application in its entirety.
E.
In the case where a conditional use has been approved
a building permit shall be issued after the granting of the conditional
use by the Town Council, and then only in accordance with the terms
and conditions of the conditional use permit.
F.
The Town Council, on its own motion, may revoke any
conditional use permit for noncompliance with conditions set forth
in the granting of said permit.
G.
A conditional
use approval expires when such use is abandoned for more than six
months, regardless of intent.
[Added 1-9-2023 by Ord. No. 2022-008]
