A.
General. Certain land uses by their very nature tend to be incompatible
with other land uses in the same zoning district unless conditioned
in a manner to protect abutting landowners and to preserve the character
of the area. Conditional uses may only be permitted following a review
by the Planning and Zoning Commission and final approval by the Town
Council, subject to the provisions set out in this section.
B.
Application.
(1)
In general, the application should include a site plan, a description
of the precise nature of the proposed use, its operating characteristics,
areas for snow storage and provisions for stormwater and snowmelt
runoff drainage; road access areas and traffic impact analysis, and
a time schedule for development.
(2)
The names and addresses of all owners of land within 140 feet of
the outer limits of the area proposed for the conditional use. In
determining the 140 feet, the width of any intervening street or alley
shall not be included.
(3)
Any additional material that the Town staff, Planning and Zoning
Commission or Town Council may require, or the applicant may choose
to submit pertinent to the application.
C.
Review process.
(1)
The application shall be collected and reviewed by Town staff before
being presented to the Planning and Zoning Commission. Town staff
will refer a copy to any other agency which might be affected by the
conditional use for comment.
(2)
The agency shall have 15 days to respond from the date on which the
application was sent. If the agency does not respond within the timeframe,
then the agency not responding will be considered to have no objection.
(3)
The Town shall assemble all comments and schedule the matter for
a public review before the Planning and Zoning Commission and for
later consideration at a regular meeting of the Town Council.
D.
Notification of public review; Commission and Council action.
(1)
The Planning and Zoning Commission shall hold a public review on
all conditional use applications, at which all interested parties
shall have an opportunity to be heard. Notice of the time and place
of the public review and the nature of the conditional use shall be
given by one publication in a newspaper of general circulation in
the Town at least 15 days before the date of such hearing.
(2)
After its public review and after due deliberation, the Planning
and Zoning Commission shall certify its findings and recommendations
on any proposed conditional use to the Town Council in writing.
(3)
No conditional use shall be considered by the Town Council until
after it has been the subject of a public review before the Planning
and Zoning Commission and the Commission has forwarded its findings
and the recommendations to the Council. The Council shall take into
consideration the findings and recommendations of the Planning and
Zoning Commission, comments of public agencies and the public in general,
and any other information and material available to it. At its option,
the Council may request a review by any qualified professional person
or by any public agency that may be interested in the proposed conditional
use. No conditional use shall be put into effect unless the Town Council
passes a resolution approving the conditional use.
E.
Imposition of additional conditions. In permitting a conditional use, the Planning and Zoning Commission may recommend, and the Town Council may impose, in addition to those standards and requirements expressly specified in this chapter and Chapter 475, any additional conditions which the Planning and Zoning Commission and/or Town Council considers necessary to achieve the purposes of this chapter and as set forth in § 475-3 and § 475-295. These conditions may include but shall not be limited to the regulation of vehicular access and parking, landscaping, snow storage, the control of potential nuisances, hours of operation and the expiration date of any resolution approving a conditional use.
B.
Application.
(1)
A notified statement certifying that the signatories are the owners
of the land area described and agree to be bound by the provisions
of the development plan.
(2)
Plans to include the following:
(a)
The land area to be included within the development plan, its
present zoning classification, the zoning classification of abutting
lands and all public and private rights-of-way and easements abutting
or crossing the land area which are existing, proposed or to be abandoned.
The boundary of the area included within the development plan shall
be shown in a heavy solid line with appropriate angles and distances
noted;
(b)
The location of each existing and proposed structure in the
designated area together with a notation of the permitted uses to
be contained in the structure, the height of the structure and the
location of the entrances and loading areas;
(c)
A site plan shall be provided including the proposed finished
grade, egress and ingress, sidewalks, parking plan, fire hydrant location,
surfacing and landscaping plan;
(3)
Final subdivision plat. If the proposed development plan involves
the dedication of a street or the platting or replatting of subdivision
blocks or lots, the development plan shall be accompanied by a final
subdivision plat meeting all of the requirements of the subdivision
regulations of the Town.
C.
Review. After review by the Town staff, the development plans shall be reviewed by the Planning and Zoning Commission based on the standards in § 475-260. After review, the Planning and Zoning Commission shall certify its findings and recommendations on any proposed conditional use to the Town Council in writing. The Town Council shall either approve or disapprove the development plan.
D.
Development plans approved by the Planning and Zoning Commission
and recorded and filed by the Town Clerk-Treasurer shall be binding
upon the owner or owners of the land included in the plan, and all
permits and certificates shall be issued in accordance with the recorded
plan.
E.
Recorded development plans may be withdrawn or may be amended pursuant
to the same conditions and procedures whereby they first gained approval.
A.
General. A subdivision application is required for any division of
a parcel of land or air into two or more lots or parcels; or, if a
new street is involved, any division of a parcel of land, or if any
lot lines are changed or are deleted.
A.
General. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree or other vegetation, or otherwise use his/her property, not in conformance with Chapter 475, Zoning, may apply for a variance from the Planning and Zoning Commission as established by this chapter.
B.
Application.
(1)
A site plan showing all existing and proposed structures or improvements
on the site and showing all-natural conditions relevant to the application
shall be collected by the Planning and Zoning Administrator (PZA)
and reviewed by Town staff before being presented to the Planning
and Zoning Commission.
(2)
A statement of the precise nature of the variance request, the provision
of the zoning ordinance involved, the extraordinary circumstances
involved which result in unnecessary hardship, and the specific nature
of the unnecessary hardship.
(3)
A statement that the need for variance was not self-inflicted.
(4)
Satisfactory evidence of the service of notice and a copy of the
application on all owners of land within 140 feet, not including intervening
streets or alleys, of the outer limits of the site.
C.
Review.
(1)
The Planning and Zoning Commission shall review the application for
variance at a regular meeting within 45 days of the receipt of a complete
application and shall make its written findings to the Town Council.
A variance shall not be approved by the Planning and Zoning Commission
unless it finds:
(a)
That there are special circumstances or conditions, fully described in the findings of the Planning and Zoning Commission, applying to the land, vegetation or building for which the adjustment is sought, which circumstances or conditions are peculiar to the land, vegetation or building and do not apply generally to land, vegetation or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of the ordinance codified in this article or Chapter 475, Zoning;
(b)
That, for reasons fully set forth in the findings of the Planning
and Zoning Commission, the circumstances or conditions are such that
the strict application of the provisions of this section would deprive
the applicant of the reasonable use of the land, vegetation or building,
that the granting of the adjustment is necessary for the reasonable
use of the land, vegetation or building, and that the adjustment as
granted by the Planning and Zoning Commission is the minimum adjustment
that will accomplish this purpose; and
(c)
That the granting of the adjustment will be in harmony with the general purposes and intent of this section and Chapter 475, Zoning, will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and will not unduly reduce the effectiveness of this section in attempting to promote the use of solar energy systems.
(2)
The Planning and Zoning recommendation shall be presented to the
Town Council for consideration at its next regular meeting. The Town
Council may act on the recommendations of the Planning and Zoning
Commission at the meeting at which presented or may delay decision
until the next regularly scheduled meeting.
(3)
Each variance authorized shall not be personal to the applicant but
shall apply to a specific use or structure and shall run with the
land. No variance shall be authorized unless Town Council finds that
all of the following conditions exist:
[Amended 8-28-2023 by Ord. No. 706]
(a)
That the variance will not authorize a permitted use other than
those specifically enumerated in the zoning district in which the
variance is sought;
(b)
That, owing to extraordinary circumstances, literal enforcement
of the provisions of this chapter will result in unnecessary hardship;
(c)
That the extraordinary circumstances were not created by the
owner of the property and do not represent a general condition of
the district in which the property is located;
(d)
That the variance, if granted, will not substantially or permanently
injure any adjacent, conforming property;
(e)
That the variance will not alter the character of the district
in which it is located;
(f)
That the variance, if granted, is the minimum variance and the
least modification that will afford the relief sought;
(g)
That the variance will be in harmony with the spirit of the
Town Code chapter and will not adversely affect the public health,
safety or welfare.
