Storm water management and soil erosion and sediment control shall be addressed for each development in conformance with adopted stormwater management and erosion control plans and policies.

A planned street system is a primary element of any development plan proposed within the town and must be compatible with the town's circulation plans. Development which is proposed in areas of the town which have a planned street system which is a part of the comprehensive plan or the town's six-year plan, and any other street plan, shall make provisions for such streets and must not cause implementation of such street plans to become unattainable because the street plan is considered secondary to the development plan.

A pedestrian circulation system must become a part of any development plan when the proposed development will generate or attract pedestrians. The planning director shall conduct site plan review to ensure that adequate parking is provided within close proximity to each unit entrance.

The proposed development shall be compatible with existing development adjacent to or within 200 feet of the property line of the proposed development. Compatibility shall not refer to architectural design features, but to siting of building and location of off-street parking.

Efforts shall be made to preserve natural vegetation, creeks or other environmental amenities.

All fees shall refer to the current rate and/or fee resolution.

Conditional use permits, revocable, conditional or valid for a time period may be issued by the planning commission for any of the uses or purposes for which such permits are required or permitted by the terms of this title. The purpose of the conditional use permit is to allow the proper integration into the community of uses which may be suitable only on certain conditions in specific locations in a zoning district, or if the site is regulated in a particular manner.

Any use existing at the time of adoption of this title which is within the scope of uses permitted by a conditional use permit in the district in which the property is situated shall be deemed a conforming use without necessity of a conditional use permit.

Any expansion of any existing conditional use may be required to apply for a new conditional use permit if the planning director finds that there is a change in the nature of the use by such expansion.

The owner or his agent may make application for a conditional use permit, which shall be on a form prescribed by the planning director and filed with the planning director. The application shall be submitted at least 30 days prior to the next regularly scheduled public hearing date, and shall be heard by the board of adjustment within 45 days of the date of the application; provided, however, that this period may be extended in any case for which an environmental impact statement is required.

Development plans shall be submitted, drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration. The plans shall show proposed landscaping, off-street parking, signs, ingress and egress and adjacent land uses. The plan shall include other information as may be required by the planning director.

Notice shall be given to all property owners within a radius of at least 300 feet. Such notice is to be sent 10 days prior to the public hearing. The failure of any property owner to receive the notice of hearing will not invalidate the proceedings.

Public notices shall be posted on one conspicuous place on or adjacent to the property which is the subject of the application at least 10 days prior to the date of the public hearing. Public notice shall be accomplished through use of a two-foot by two-foot plywood face generic notice board, to be issued by the town planning director, and as follows: the applicant shall apply to the town for issuance of the notice board, and shall deposit with the town planning director the amount of money as specified in the current rate and/or fee resolution. The applicant shall be responsible for placement of the notice boards in one conspicuous place on or adjacent to the property which is the subject of the application at least 14 days prior to the date of the public hearing. Planning department shall post laminated notice sheets and vinyl information packets on the board not later than 10 days prior to the hearing. Upon return of the notice board in good condition to the planning director by the applicant, an amount of dollars of the initial notice board deposit shall be refunded to the applicant as specified in the current rate and/or fee resolution.

The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district;

The size of the site is adequate for the proposed use;

The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity;

The other performance characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity;

Adequate buffering devices such as fencing, landscaping or topographic characteristics protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects;

The other uses in the vicinity of the proposed site are such as to permit the proposed use to function effectively;

The proposed use complies with the performance standards, parking requirements and other applicable provisions of this title.

Any other similar considerations may be applied that may be appropriate to a particular case.

Special conditions may be imposed on the proposed development to ensure that the proposed use will meet the standards and criteria of subsection (D) of this section in granting a conditional use permit. Guarantees and evidence that such conditions are being complied with may be required.

If the proposal also involves the requirement to obtain exceptions to development standards, the board of adjustment may approve, modify or deny conditional exceptions to those developments standards, including height, unique structures, signage and setbacks, when considering a conditional use permit application for that same proposal.

Notice shall be given to all property owners within a radius of at least 300 feet. Such notice is to be sent 10 days prior to the public hearing. The failure of any property owner to receive the notice of hearing will not invalidate the proceedings.

Public notices shall be posted in one conspicuous place on or adjacent to the property which is the subject of the applications at least 10 days prior to the date of the public hearing. Public notice shall be accomplished through use of a two-foot by two-foot plywood face generic notice board, to be issued by the town planning director, and as follows: the applicant shall apply to the town for issuance of the notice board, and shall deposit with the town planning director the amount of money as specified in the current rate and/or fee resolution. The applicant shall be responsible for placement of the notice board in one conspicuous place on or adjacent to the property which is the subject of the application at least 14 days prior to the date of the public hearing. Planning department staff shall post laminated notice sheets and vinyl information packets on the board no later than 10 days prior to the hearing. Upon return of the notice board in good condition to the planning director by the applicant, an amount of dollars of the initial notice board deposit shall be refunded to the applicant as specified in the current rate and/or fee resolution.

The variance shall not constitute a grant of special privileges inconsistent with a limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located;

Such variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.

The decision of the town council shall be final and conclusive unless within 10 days from the date of action the original applicant or an adverse party files application to the county superior court for a writ of certiorari, writ of prohibition or writ of mandamus.

Amendments to the text of this title and official zoning map amendments may be initiated by resolution of intention by the town council. Text amendments are heard by the board of adjustment and recommended to the town council for final approval.

Amendments to the text of this title may be initiated by resolution of intention by the planning commission.

Official zoning map amendments (rezones) may be initiated by application of one or more owners, or their agents, of the property affected by the proposed amendment, which shall be made on a form prescribed by the planning director and filed with the planning director. The application shall be submitted at least 30 days prior to the next regularly scheduled public hearing date, and shall be heard by the planning commission within 45 days of the date of the application; provided, however, that this period may be extended in any case for which an environmental impact statement is required.

Notice shall be given to all property owners within at least 300 feet and, when determined by the planning director, a greater distance from the exterior boundaries of the property which is the subject of the application. Such notice is to be sent 10 days prior to the public hearing. The failure of any property owner to receive the notice of hearing will not invalidate the proceedings.

Public notices shall be posted in one conspicuous place on or adjacent to the property which is the subject of the application at least 10 days prior to the date of the public hearings. Public notice shall be accomplished through use of a two-foot by two-foot plywood face generic notice board, to be issued by the town planning director, and as follows: The applicant shall apply to the town for issuance of the notice board, and shall deposit with the town planning director the amount of dollars as specified in the current rate and/or fee resolution. The applicant shall be responsible for placement of the notice boards in one conspicuous place on or adjacent to the property which is the subject of the application at least 14 days prior to the date of the public hearing. Planning department staff shall post laminated notice sheets and vinyl formation packets on the board no later than 10 days prior to the hearing. Upon return of the notice board in good condition to the planning director by the applicant, an amount of dollars of the initial notice board deposit shall be refunded to the applicant as specified in the current rate and/or fee resolution.

The proposed rezone is consistent with the comprehensive plan;

The proposed rezone and subsequent development of the site would be compatible with development in the vicinity;

The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated;

Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone;

The proposed rezone will not adversely affect the health, safety and general welfare of the town.

Within 30 days of receipt of the planning commission's recommendation, the town council shall, at a regular public meeting, consider the recommendation.

If the application for an amendment is denied by the town council, the application shall not be eligible for resubmittal for one year from date of the denial, unless specifically stated to be without prejudice. A new application affecting the same property may be submitted if, in the opinion of the planning commission, circumstances affecting the application have changed substantially.

Comprehensive Plan and/or Initial Zoning. Within 45 days of the receipt of the recommendation from the planning commission for the comprehensive plan for the area of the proposed annexation, the town council shall consider the comprehensive plan at a public meeting. The council may approve or disapprove the comprehensive plan as submitted, modify and approve as modified, or refer the comprehensive plan back to the planning commission for further proceedings. If the matter is referred to the planning commission, the council shall specify the time within which the planning commission shall report back to the council with findings and recommendations on the matters referred to it. An affirmative vote of not less than a majority of the total members of the council shall be required for approval. Upon approval of the comprehensive plan for the area of the proposed annexation, the planning director shall cause an application to be made to the planning commission for recommendations for initial zoning pursuant to the procedures set forth in this section if the ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the town. The town clerk shall file a certified copy of the ordinance and any accompanying maps or plats with the county auditor.