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, require the exercise of planning judgment on location
and site plan.
Special requirements may be imposed as conditions to any site
plan approval, conditional use approval, special exception approval,
or any other approval to protect the health, safety, and welfare of
the general public.
A preliminary plan complying with the requirements of Article XI 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 approval and amendment of site plans are contained in Article XI.
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 Commissioners for
good cause shown, before the expiration of said one-year period. A
maximum of two one-year extensions may be granted.
Any conditional use legally existing at the effective date of
the regulations of this chapter shall be considered a nonconforming
use unless it has qualified as provided above and has been approved
as a conditional use.
Permits issued under a conditional use approval may be revoked
by the Town Commissioners for failure to comply with conditions of
approval or applicable requirements.
