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, but because of the nature of the use, the importance of relationship to the Comprehensive Plan, and possible impact, not only on neighboring properties, but on a large section of the Town, the exercise of planning judgment on location and site plan is required.
[Amended 4-13-2010 by Ord. No. 10-07; 12-14-2010 by Ord. No. 11-01; 6-12-2012 by Ord. No. 13-01; 8-11-2015 by Ord. No. 16-01]
As appropriate, buildings, structures, and uses may be approved by the 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 article, provided that the location is appropriate and not in conflict with the Comprehensive Plan, that the public health, safety, morals, and general welfare will not be adversely affected, that adequate off-street parking facilities will be provided, 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 article are complied with. Unless otherwise specified in this article 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 in which the conditional use is located.
A preliminary site plan complying with the requirements of site plan review, Article XII, § 155-66E, shall accompany an application for approval of a conditional use under this article, together with 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. Procedures for approval of a conditional use and for the approval and amendment of a site plan are the same as for site plan review set forth in Article XII.
A. 
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 Town Council Commission and for good cause shown, before the expiration of said one-year period.
B. 
Before taking any action on any proposed amendment or conditional use or rezoning, the Town Council shall submit the same to the Planning and Zoning Commission for its recommendations and report. Failure of the Commission to report within 45 days after the first meeting of the Planning and Zoning Commission after the proposal has been referred to the Planning and Zoning Commission shall be deemed approval.
(1) 
The Planning and Zoning Commission shall hold a meeting on any proposed amendment or conditional use before submitting its report to the Town Council and, for this purpose, may request the submission of all pertinent data and information by any person concerned. Before acting on any proposed amendment, supplement or change for conditional use or on any report by the Planning and Zoning Commission concerning a proposed amendment, supplement or change for conditional use, the Town Council shall hold a public hearing thereon.
(2) 
Whenever a petition requesting an amendment or conditional use has been denied by the Town Council, a petition for a substantially similar amendment or conditional use shall not be considered sooner than one year after the previous denial.
(3) 
A preliminary site plan shall be filed with the Code Enforcement Officer which shall submit the same to the Planning and Zoning Commission for its recommendation and report. This preliminary site plan shall comply with the preliminary site plan review requirements and be accompanied by such other written or other graphic material as may be necessary or desirable in aiding the decisions of the Town Council and Planning and Zoning Commission. The number of copies of the plan to be submitted shall be determined by the Town Council.
The Town Council shall attach to a conditional use such conditions of approval as it deems necessary to provide for the public health, safety, morals and general welfare of the Town of Millville, including limitations or conditions as to ownership, use, or duration. In the event that any said conditions of approval are violated or the use is abandoned, then zoning for the site in question shall revert to its prior zoning classification.
Permits issued under a conditional use approval shall be revoked by the Code Enforcement Officer designated by the Town Council for failure to comply with conditions of approval or with applicable federal, state, county or Town regulations.
A. 
All persons, firms or corporations appealing to the Board of Adjustment shall be required to pay in advance such amount as may be required by the Town Council.
B. 
All persons, firms or corporations applying for conditional use permits or an amendment to this chapter or a change in the classification of a district or a portion thereof shall be required to pay, in advance, such amount as may be required by the Town Council.
C. 
The payment of such money in advance shall be deemed an application fee. Fees are nonrefundable.