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.
