[Added 8-13-2008 by Ord. No. 2008-16]
The purpose of this article is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare. Although these uses are not permitted uses in the zoning district, a conditional use may be adopted where the exercise of planning judgment on location and site plan recognizes the following criteria:
A. 
The presence of adjoining or nearby similar uses;
B. 
A need for the use in the area proposed;
C. 
Minimal effect on neighboring properties;
D. 
Imposition of Sufficient safeguards, such as traffic control, parking, lighting, screening, hours of operation, number of occupants, and similar conditions, to protect property values and enjoyment.
Conditional uses may be applied for in all zoning districts.
The following uses may be permitted as conditional uses when approved in accordance with this chapter: residential, business, commercial or industrial uses when the purposes and criteria of this chapter are more fully met by issuing a conditional use.
[Amended 1-14-2009 by Ord. No. 2008-25]
A. 
The Director of Planning and Zoning shall establish criteria for determining whether a Category 2 site plan complying with the requirements of § 230-213 or a preliminary site plan complying with the requirements of § 230-211 shall accompany an application for approval of a conditional use under this article. Either plan shall include such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties.
B. 
A conditional use application shall be filed with the Georgetown Planning Director. Thereafter, the application shall be submitted to the Planning Commission for a public hearing and a recommendation to Council. The Commission shall make its recommendation to deny, to approve or to approve with conditions the application no later than 90 days after its public hearing unless otherwise agreed by the applicant. Thereafter, the application shall be scheduled for a public hearing in Town Council. The Commission may recommend and Council may impose specific conditions on the conditional use that meet the purpose of this article. In the event that the Commission has not made its recommendation to Council within 90 days, Council may act on the application without the recommendation; Council may approve the conditional use with conditions, deny or table the application. Amendments to a conditional use must be reviewed and approved in accordance with this section.
C. 
Amendments to a conditional use requiring Planning Commission and Town Council review and approval as set forth in this section shall include any and all modifications to the site plan on file, including: erection, modification or removal of any external building accessory building, or fixed structure, any change in or expansion of use, and/or any deviation from any express condition(s) attached to the conditional use.
[Added 4-24-2013 by Ord. No. 2013-8]
Approval of a conditional use under this article shall be valid for a period of one year after the date of approval and thereafter shall become null and void unless construction or use is substantially underway during said one-year period or unless an extension of time, not exceeding one year, is approved by the Planning and Zoning Commission, and for good cause shown, before the expiration of said one-year period. A maximum of two one-year extensions may be granted.
The Planning Commission may recommend revocation of a conditional use and Council may revoke a conditional use after notice to the property owner and the public and after public hearings for violation of conditions of approval or violation of the approved use.
Conditional uses shall run with the ownership of the land but shall expire upon the abandonment of the use, violation of the use or conditions of approval as set forth in § 230-236 or expiration of the approved time duration of the conditional use.
A. 
The conditional use application filing fee is established by the Town Council and shall be paid in advance to the Town as stated in the Code of the Town of Georgetown § 98-3, Application fee schedule.
B. 
Any additional professional service costs associated with the project will be billed to the applicant, if required.