[Ord. No. 945A, 6-6-2005]
A. Conditional use permits may be issued by the Town Council upon receipt
of a recommendation to do so from the Planning and Zoning Commission.
The conditional use permit, once issued, may designate conditions
and require guarantees in the granting of the conditional use permits
in the manner prescribed herein. Upon receipt of the report from the
Planning and Zoning Commission recommending the granting of any conditional
use permit, the Council shall not grant any application unless they
find the following facts:
1.
That there are special circumstances or unique conditions affecting
the land, the existing structures of use referred to in the application.
2.
That the granting of the application is necessary for the preservation
and enjoyment of substantial property rights.
3.
That the granting of the application will not materially adversely
affect the health or safety of persons residing or working in the
neighborhood of the property of the applicant and will not be materially
detrimental to the public welfare or injurious to property or improvements
in the neighborhood.
4.
At the hearing, the applicant shall present a statement and
evidence in such form as the Planning and Zoning Commission may require
to show these facts.
[Ord. No. 945A, 6-6-2005]
The Zoning Administrator shall make available conditional use
permit application forms, to prospective applicants under this Chapter.
Any use under such a conditional use permit shall conform to the terms
and conditions of the permit or may be subject to termination by the
Town Council, upon the gathering of facts regarding same at a public
hearing.
[Ord. No. 945A, 6-6-2005]
A. An application for a conditional use permit shall be filed with the
Zoning Administrator, accompanied with a statement indicating the
Section of the Article under which the permit is sought, plans for
the use of grounds and existing structures, sufficient evidence to
show that the use will conform to the standards set forth, and a filing
fee of one hundred dollars ($100.00) for advertising costs and administrative
expenses.
B. The Planning and Zoning Commission shall hold a public hearing on
each conditional use permit application at such time and place as
the Planning and Zoning Commission shall determine.
C. Notice of time, date and place of such hearing shall be published
at least twice in the official newspaper of the Town not less than
fifteen (15) days in advance of the hearing. Notification of such
public hearing shall be given to all property owners within two hundred
(200) feet of property stated in the conditional use permit application
fifteen (15) days prior to hearing.
D. Following the public hearing, the Planning and Zoning Commission
shall transmit its recommendations on the application in writing to
the Town Council within thirty (30) days.
E. The Town Council shall hold a public hearing on each application
for a conditional use permit such time and place as shall be established
by the Town Council. Notice of time, place and date of such hearing
shall be published at least once in the official newspaper of the
Town not less than fifteen (15) days in advance of such hearing.
F. The Town Council shall approve or deny the proposed conditional use
permit. If an application as such is not acted upon by the Town Council
within a thirty-day period following its initial submission, it shall
be deemed to have been approved.
G. The Planning and Zoning Commission and Town Council shall provide
for a record of their proceedings, which shall include the minutes,
their findings, and the action taken by them, including final recommendation,
decision and order.
[Ord. No. 945A, 6-6-2005]
In granting a conditional use permit, the Town may impose such
conditions, safeguards and restrictions upon the premises to reduce
or minimize any potential injurious effect of such conditional uses
upon other property in the neighborhood, and to carry out the general
purpose and intent of these regulations.
[Ord. No. 945A, 6-6-2005]
A. Sunset. A conditional use permit shall expire, upon public hearing
unless a building permit is taken within twelve (12) months to effectuate
such conditional permitted use; or if no building permit is required,
evidence of use is filed with the Zoning Administrator.
B. Abandonment. Once a conditional use permitted ceases or is abandoned
for a period of ninety (90) days, it is classified as expired.
C. Not Transferable. A conditional use permit, if issued, shall not
be transferable to a new owner of the real estate.