The purpose of a conditional use permit is to allow the establishment of uses which may be suitable only in certain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses. Conditional uses are those uses that are generally compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. Only those uses that are enumerated as conditional uses in a particular zoning district shall be authorized as conditional uses. A conditional use permit may authorize variations from the standards in the zoning district only such as are necessary to meet the conditions attached to the permit.

A conditional use permit is required to develop property within Town limits for any use designated as a conditional use in the Use Charts in Appendix A of this Zoning Ordinance for the zoning district in which the property is located. The conditional use permit application must be accompanied by a site plan prepared in accordance with Chapter 3, as applicable.

A conditional use permit shall not be required to develop property for any use designated as a permitted use in the Use Charts in Appendix C of this Zoning Ordinance for the zoning district in which the property is located, or any use authorized in a planned development PD district.

For the purpose of these regulations, the “official submission date” shall be the date upon which a complete application for approval of a conditional use permit (that contains all elements and information required by this Ordinance) is submitted to the Town Secretary. No application shall be deemed officially submitted until the Town Secretary determines that the application is complete and a fee receipt is issued by the Town.

The Town Secretary may require other information and data for specific conditional use permit applications. This data may include but is not limited to geologic information, water yields, flood data and/or hydrological studies, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, and similar information. Approval of a site plan as required by this Chapter 16 may establish conditions for construction based upon such information.

Approval of a conditional use permit authorizes the use of the property in accordance with the conditions of the permit. Approval of a conditional use permit shall be deemed to authorize only the particular use for which the permit is issued. No conditionally permitted use shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new conditional use permit in accordance with the procedures set forth in this section. Development of the use shall not be authorized until the applicant has secured all the permits and approvals required by this Zoning Ordinance.

A conditional use permit shall not be approved unless the use is authorized in the zoning district in which the applicant’s property is located and until a final subdivision plat that includes the lot for which the conditional use permit is sought has been approved.

The Town Secretary shall be the official responsible for processing a conditional use permit application.

An application for approval of a conditional use permit shall contain the following information and documents:

The Town Secretary shall schedule successive public hearings before the Planning and Zoning Commission and before the Town Council on the application for a conditional use permit. The hearings shall be conducted on the application in accordance with Appendix A of this Zoning Ordinance.

Following the initial public hearing, the Commission shall make its recommendation to the Town Council for approval, approval with modifications or denial of the application for a conditional use permit. The Commission also shall recommend whether any requested variations from the standards in the zoning district regulations should be granted.

Upon receipt of the Commission’s recommendation, the Town Council shall approve, approve with modifications, or deny the application. The Council also shall decide whether to grant any requested variations from the standards in the zoning district regulations.

The conditions imposed on the application shall not be subject to variances that otherwise could be granted by the Board of Adjustment, nor may conditions imposed by the Town Council subsequently be waived or varied by the Board of Adjustments[.]

When considering applications for a conditional use permit, the Commission and the Council shall evaluate the impact of the proposed conditional use on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the use at the particular location, and shall consider the extent to which:

The Commission may recommend and the council may require such modifications in the proposed use and attach such conditions to the conditional use permit as are necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. Conditions include but are not limited to matters related to limitation of building size or height, increased open space, increased impervious surface, enhanced loading and parking requirements, additional landscaping and improvements including curbing and pedestrian amenities, vehicular access and parking, placement or orientation of buildings and entryways, bufferyards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the permit and hours of operation.

The Town Secretary shall maintain a file for each CUP approved by the Town Council.

A conditional use permit shall expire if:

The Town Council may revoke any conditional use permit that is in violation of any condition imposed on the use following personal notice to the permit holder or property owner and a public hearing to determine whether the use should be revoked.

In determining whether a conditional use has been discontinued or abandoned, the Town shall apply the standards in Section 1.11 of this zoning ordinance applicable to a nonconforming use.