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Delton Town City Zoning Code

ARTICLE V

Conditional Uses

§ 255-45 Permits.

The Town Planning Commission may authorize the Zoning Officer to issue a land use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community.

§ 255-46 Application.

Applications for zoning permits for conditional uses shall be made to the Zoning Officer on forms furnished by the Zoning Officer and shall include the following:
A. 
Name and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.
B. 
Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; the zoning district within which the subject site is located; and indication of whether or not the subject site is located in a floodplain.
C. 
Plot plan showing all of the information required under § 255-13 of Article II, General Provisions, of this chapter.
D. 
Additional information as may be required by the Planning Commission or Zoning Officer.

§ 255-47 Hearings.

The Town Planning Commission shall hold a public hearing upon each conditional use application giving Class 2 notice.

§ 255-48 Review and approval.

The Planning Commission shall use the standards for conditional uses which are delineated within each zoning district of this chapter when reviewing applications for a conditional use.
A. 
Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the Planning Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
B. 
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, traffic, and highway access shall be required of all conditional uses. Variances shall only be granted as provided in Article IV.
C. 
Approval. Following the public hearing and review of the conditional use application, the Planning Commission shall approve, disapprove or further conditionally approve the application. A simple majority approval by the Planning Commission constitutes final approval of the conditional use. No further action by the Town Board is required.
D. 
Recordkeeping. Records of all Planning Commission actions approving conditional uses shall be maintained by the Zoning Officer and shall be referred to in regard to enforcement and modification of conditional use approvals.

§ 255-49 Compliance and approval.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any and all conditional use permit requirements shall be complied with before use of the property shall commence, subject to inspection by appointed members of the Town Planning Commission or Zoning Officer. Upon inspection and satisfactory compliance, an approval form shall be completed by said members of the Commission and filed in the Town office.