It is the general policy of the town to provide for the orderly development of land, for all purposes, through zoning and other land development legislation. Frequently, when competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change. It is the purpose of the provisions of this article to provide a more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned. The provisions of this article shall not be used for the purpose of discrimination in housing.

(Ord. of 6-26-2000, § 20-500)

(a)

Generally. The owner of any tract or parcel of land to be rezoned may make a voluntary proffer in writing of reasonable conditions prior to a public hearing before the town council, in addition to the regulations provided for the zoning district or zone by this chapter, as a part of a rezoning or amendment to a zoning matter; provided that:

(1)

The rezoning itself must give rise for the need for the condition;

(2)

Such condition shall have a reasonable relation to the zonings;

(3)

Such condition shall not include a cash contribution to the town;

(4)

Such condition shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for;

(5)

Such conditions shall not include payment for or construction of off-site improvements except as otherwise provided;

(6)

No condition shall be proffered that is not related to the physical development or physical operation of the property; and

(7)

All such conditions shall be in conformity with the comprehensive plan.

(b)

Acceptance. Once proffered and accepted as part of an amendment to this chapter, such condition shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such condition shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(Ord. of 6-26-2000, § 20-502)

(a)

Generally. The zoning administrator shall be vested with all necessary authority on behalf of the town to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:

(1)

The ordering and writing of the remedy of any noncompliance with such conditions;

(2)

The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and

(3)

Requiring a guarantee, satisfactory to the town, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the town, or agent thereof, upon the submission of satisfactory evidence that construction of such improvement has been completed in whole or in part.

(b)

Denial. Failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits, as may be appropriate.

(Ord. of 6-26-2000, § 20-504)

The zoning map shall show an appropriate symbol on the map of the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in his office and make available for public inspection a record of any conditional zoning.

(Ord. of 6-26-2000, § 20-506)

Any zoning applicant who is aggrieved by the decision of the zoning administrator pursuant to section 74-195 may petition the board of zoning appeals for the review of the decision of the zoning administrator.

(Ord. of 6-26-2000, § 20-508)