Although each zone is primarily intended for a predominant type of use, such as dwellings in residential zones, there are a number of uses which may or may not be appropriate in a particular zone, depending upon, for example, the location, nature of the proposed use, character of surrounding development, traffic capacities of adjacent streets and potential environmental effect. These factors may dictate that the circumstances of development should be individually reviewed. It is the purpose of this Article to provide review of such uses so that the community is assured that they are compatible with their locations and surrounding land uses and will further the purposes of this Chapter.

(Prior code 17.43.010; Ord. No. 680, § 1, 7-7-2015)

(a)

An application for approval of a conditional use may be filed by a person having an interest in the property for which the conditional review use is requested and shall be made on a form provided by the Town.

(b)

The application must include:

(1)

A nonrefundable processing fee as set forth in the Consolidated Fee Schedule, Appendix 2-F to this Code, which shall be submitted with the application. If the Board of Trustees decides that a public hearing is necessary, the nonrefundable processing fee submitted shall be as set forth in the Consolidated Fee Schedule, payable prior to the public hearing.

(2)

A complete site plan showing major details of the proposed development, consisting of the following: Location of buildings and structures, off-street parking areas, off-street loading areas, service and refuse areas, means of ingress and egress, amount of traffic generated, major landscaping or screening proposals, signs, pedestrian areas, pertinent dimensions and drainage.

(3)

A time schedule for development.

(4)

Such other information as the Planning Commission requires.

(5)

Any other information that the applicant believes will support his or her application.

(Prior code 17.43.020; Ord. No. 680, § 1, 7-7-2015)

(a)

Written notice that a conditional use application has been filed, and that it may be reviewed during regular office hours of the Town Hall, will be sent to owners of property within 300 feet of the property in question.

(b)

If the Planning Commission decides to hold a public meeting, the owners within 300 feet of the property will also be sent written notice of the date, time and place of the public meeting.

(Prior code 17.43.030; Ord. No. 680, § 1, 7-7-2015)

(a)

Within 30 days after the Planning Commission receives a completed application, the Planning Commission may, at its discretion, hold a public meeting to consider the application.

(b)

The Planning Commission shall, within 30 days of the public meeting, unless a longer time is necessary for consideration of the application for reasons specifically stated by the Planning Commission, either recommend approval of the application, in whole or in part, with or without modifications and conditions, or recommend disapproval of the application to the Board of Trustees.

(c)

The recommendation of the Planning Commission shall be transmitted to the Board of Trustees and to the applicant.

(Prior code 17.43.040; Ord. No. 680, § 1, 7-7-2015)

(a)

The Board of Trustees may, at its discretion, hold a public hearing on any proposed conditional use after receiving the written report or recommendations from the Planning Commission. The Board of Trustees may, at its discretion, grant or deny any proposed conditional use without a public hearing at a regularly scheduled public meeting.

(b)

A notice of a public hearing shall be published in a newspaper of general circulation within the Town at least 15 days prior to the hearing date.

(c)

A written notice of a public hearing will be sent by first-class mail, at least 15 days prior to the hearing date, to property owners within 300 feet of the property in question.

(d)

The Board of Trustees shall either approve the application, in whole or in part, with or without modifications and conditions, or disapprove the application. The decision of the Board of Trustees shall be transmitted to the Planning Commission and to the applicant.

(Prior code 17.43.050; Ord. No. 680, § 1, 7-7-2015)

All approved site plans for conditional uses, including modifications and conditions, shall be certified by the Board of Trustees and made a permanent part of the zoning map by reference in the official minutes of the Board of Trustees.

(Prior code 17.43.060; Ord. No. 680, § 1, 7-7-2015)

Any person applying to the courts for a review of any decision made under the terms of this Article shall apply for review within 30 days after the date of decision and shall be required to pay the cost of preparing a transcript of proceedings.

(Prior code 17.43.070; Ord. No. 680, § 1, 7-7-2015)

No conditional use application shall be approved unless it is found that the application:

(1)

Complies with all requirements imposed by this Article and with all applicable written rules;

(2)

Is consistent with the objectives and purposes of Article 1 of this Chapter and meaning of terms in Section 16-2-10; and

(3)

Is designed to be compatible with surrounding land uses and the area of its location.

(Prior code 17.43.080; Ord. No. 680, § 1, 7-7-2015)

In considering an application for a conditional use, the Planning Commission and Board of Trustees shall consider and may impose modifications or conditions concerning, by way of illustration and not limitation, the following development features, to the extent that such modifications or conditions are necessary to ensure compliance with the criteria of this Chapter:

(1)

Size and location of site.

(2)

Internal traffic circulation and access to adjoining public streets.

(3)

Designed to be compatible with surrounding land uses and the area of its location.

(Prior code 17.43.090; Ord. No. 680, § 1, 7-7-2015)

No approved conditional use may be substantially modified, structurally enlarged, expanded in parking area or expanded in ground area unless the site plan is amended and approved in accordance with the procedures applicable to initial approval of a conditional use.

(Prior code 17.43.100; Ord. No. 680, § 1, 7-7-2015)