A "conditional use" is a use which is necessary or desirable for the public welfare, but which is potentially incompatible with the uses normally permitted in the zoning districts established herein. Conditional uses may be appropriate within a specific zone, provided conditions can be met that ensure no adverse effects to the Town's and immediate vicinity's health, general welfare, safety, and economic prosperity. Considerations for these uses include, but are not limited to, established character and quality of the area, general compatibility with surroundings, traffic impact and circulation, environmental impacts, the demand for related services, and the possible hazardous, harmful, noxious, offensive, or nuisance effects resulting from noise, dust, smoke, or odor. It is hereby declared the policy and purpose of this chapter to employ the conditional use as a flexible means of permitting certain exceptions to the districts established and the rules and regulations adopted herein, in cases where the public benefit of such uses outweighs the potential harm, and under such conditions imposed as are necessary to protect the public health, safety and welfare and individual property rights.
The following procedure shall be followed to obtain a Conditional Use permit:
A. 
Application. An owner or owner's designated agent shall complete and file a conditional use application form with the Zoning Administrator accompanied by a nonrefundable application fee which may be amended from time to time, as established by the Town Board by resolution, to cover costs of public notice and administrative review. Ten copies of a scalable site plan will be required with the written application.
B. 
Public hearing. After receiving the request, the Town Clerk shall refer the matter to the Plan Commission, which shall hold a public hearing advertised by a Class 2 notice.
C. 
Action by Plan Commission. The Plan Commission shall, within 30 days of the public hearing, make a report and recommendation of approval or denial of the conditional use permit with any conditions it may deem appropriate to the Town Board applicant. In making its decision, the Commission shall keep a written record of findings relative to the standards for considering a conditional use application, as listed in § 285-43.
[Amended 3-12-2020]
D. 
Action by Town Board. The Town Board shall, within 30 days of Plan Commission action, act to approve or deny the conditional use permit by resolution.
The applicant shall provide the following information on the conditional use application form:
A. 
Applicant and property owner's name, address, and telephone number.
B. 
Parcel information, including tax key number, legal description, street address, if any, dimensions and existing zoning and land use designations.
C. 
Description of conditional use being requested.
D. 
Written justification for the conditional use being requested and supporting documentation describing how the applicant believes that the request conforms to the standards for conditional uses listed in § 285-43.
No conditional use permit shall be recommended by the Plan Commission or approved by the Town Board unless it shall find that:
A. 
That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
B. 
That the uses, values and enjoyment of other property in the neighborhood used for purposes already permitted shall be in no foreseeable manner, substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.
C. 
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
D. 
That adequate utilities, access roads, drainage, and other necessary site improvements have been or are being provided.
E. 
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion and traffic hazards in the public roads.
The Plan Commission and Town Board may require the following additional standards when considering a conditional use permit:
A. 
Increased setbacks and yards.
B. 
Specifications for water supply, liquid waste, and solid waste disposal facilities.
C. 
Sureties, operational controls, erosion prevention measures.
D. 
Location of the use.
E. 
Other requirements found necessary to fulfill the purpose and intent of this chapter.
F. 
A financial guarantee may be required to insure compliance with such requirements.
The following conditions, guarantees and validity period may be imposed upon the granting of a conditional use permit:
A. 
Prior to the granting of any conditional use permit, the Plan Commission may recommend and the Town Board may place such conditions and restrictions upon the establishment, location, construction, maintenance and method or hours of operation as deemed necessary for the protection of the public interest and to secure compliance with the standards specified in §§ 285-43 and 285-44. In all cases in which conditional uses are subject to conditions, the Plan Commission may recommend and the Town Board may require evidence and guarantees as it may deem necessary (as proof that the stipulated conditions are being and will be complied with).
B. 
Conditional use permits shall be issued permanently or for a specified period of time as may be specified by the Town Board upon recommendation of the Plan Commission and shall be an obligation of any party to whom a property may be transferred or assigned.
C. 
If a building permit has not been obtained or the conditional use has not been established within 12 months of the issuance of the conditional use permit, the conditional use permit expires.
D. 
Any party who has been issued a conditional use permit by the Town shall notify the Town, in writing, that they are seeking a continuance or extension of any conditional use permit that has an expiration date as established by Town Board. Such notification shall be submitted to the Zoning Administer 30 days prior to the conditional use permit expiration date.
E. 
A conditional use permit shall become effective upon approval by the Town Board. A record of the conditional use permit shall be maintained in the Town Hall.
F. 
A conditional use permit may be revoked by the Town Board for failure to comply with all provisions of such permit, provided that a 30 days' notice has been given by first class mail to the operator or owner of such use of the intent to revoke.