Property zoned for a conditional use retains or shall be given a basic zoning classification, so that the conditional use shall be in addition to the authorized use under the basic zoning of the property. The basic land use district regulations shall be applicable for any permitted use other than the conditional use. Also, the basic land use district regulations shall apply to the conditional use unless changed at the time of the grant of the conditional use permit zoning. Therefore, any special condition or regulation established by the grant of the conditional use shall control the specific use and supersedes any conflicting basic condition or regulation; however, where the grant of the conditional use is silent as to a condition or regulation that is posed by the basic classification of the property, the basic condition or regulation shall control.

Any application for a change of zoning to a conditional use permit classification shall be processed in the same manner as any other request for a zoning change, to wit: a proper application, public hearing before the planning and zoning commission, public hearing before town council, and final adoption of an ordinance amending the comprehensive zoning ordinance and the zoning map of the town.

In addition to any other provision in this article regulating applications for zoning change, an application for zoning change requesting a conditional use permit district classification shall be accompanied by a site plan containing the following information:

Any applicant seeking a land use not otherwise authorized by the comprehensive zoning ordinance, as amended, or as listed in this section, may make application to amend this section to include the unlisted use and may at the same time make application for a conditional use zoning change for such use, on a specific property. In such a case both amendments may be heard at the same time by the planning and zoning commission; may be heard at the same time by town council; and the adoptive ordinances may be acted upon by the town council on the same date.

In granting or denying an application for conditional use permit zoning district classification, the planning and zoning commission in its recommendation and the governing body of the town may take into consideration the following factors:

All improvements to the land and all buildings and construction on the land shall be in accordance with the site plan and/or the development plan which shall be made a part of the adoptive ordinance. After adoption of the ordinance that grants the conditional use zoning change, the town council, upon finding that a requested site plan change is a minor change that will not adversely impact adjacent or other properties within the town, may authorize by written order, the minor alteration to the site plan, without further notice, public hearings, reports from the planning and zoning commission or amendment to the original ordinance. The council’s order shall be attached to or filed with the original ordinance; provided, however, no such amendment to the site plan should be made that would conflict with the final plat of such property after the final plat has been approved by the town and filed of record.

All CU permits approved prior to adoption of this article are brought forward and shall remain in full force and effect in accordance with the adoptive ordinance and shall be referenced on the zoning district map by date and ordinance number.