48.- CONDITIONAL USES2
Editor's note— Ord. No. 842, adopted Jan. 13, 2020, repealed the former Ch. 18.48, §§ 18.48.010—18.48.050, and enacted a new Ch. 18.48 as set out herein. The former Ch. 18.48 pertained to similar subject matter and derived from Ord. 517 Ch. 11 §§ 1—5, adopted in 1978.
Planning and zoning commission may make a recommendation to the town council on a conditional use that allows a new or additional use within a specific zone. Conditional uses shall not be issued relieving a rigid application of performance standards within a zone.
(Ord. No. 842, 1-13-2020)
A.
The applicant shall:
1.
Obtain a conditional use permit application from the town clerk,
2.
Complete said application, to include a location map, sketch of the plan, a clear statement citing the reasons for which it the applicant requires a conditional use permit,
3.
Obtain all required signatures from neighbors,
4.
Turn in the conditional use permit application and all supporting documents to the town clerk at least seven days prior to a regularly-scheduled planning and zoning meeting,
5.
Be prepared to attend the planning and zoning meeting to address concerns raised about said application, and
6.
Be prepared to attend the council meeting to address concerns raised about said application.
B.
The town clerk shall:
1.
Assist the applicant by ensuring that all relevant forms are provided and relevant dates are related,
2.
Submit all received applications and supporting documents to the planning and zoning chairman at least seven days prior to the regularly-scheduled planning and zoning meeting,
3.
Submit all planning and zoning recommendations to council at least three days prior to a regularly-scheduled council meeting, and
4.
Provide the applicant with a copy of the approved or denied conditional use permit.
C.
The planning and zoning board shall:
1.
Review said application and supporting materials at the next regularly-scheduled planning and zoning meeting,
2.
Make a recommendation to approve or deny the conditional use permit at the same meeting at which the application is submitted, or table the application until the next regularly-scheduled meeting if additional information is required,
3.
Review said application at regularly-scheduled meetings until a recommendation to approve or deny the conditional use permit can be made, and
4.
Provide a written summary of the board's recommendation to the town clerk within seven days of the meeting.
D.
The council shall:
1.
Review the planning and zoning recommendation and the application and supporting materials at the next regularly-scheduled council meeting,
2.
Approve or deny the conditional use permit at the same meeting at which the planning and zoning recommendation and application is submitted, or table the application until the next regularly-scheduled meeting if additional information is required, and review said application at regularly-scheduled meetings until the conditional use permit is either approved or denied.
(Ord. No. 842, 1-13-2020)
Approval of conditional use permits shall be given only after planning and zoning and the council determine that:
A.
The proposed use will fit within the designated zone without adversely affecting the intended zone use;
B.
The town can provide water, sewerage, police and fire protection, garbage pickup and other services to the proposed development;
C.
The proposed development is in accord with the purpose for which the zoning district in which it is located was established; and
D.
The proposed development will pose no hazards due to danger of fire or explosion, traffic congestion, noise, excessive light, glare, or dust, air or water pollution, excessive stormwater runoff or other factors.
(Ord. No. 842, 1-13-2020)
When the council determines that a public hearing should be held, the town shall publish a notice briefly stating the hearing date, time and place in the official town newspaper.
(Ord. No. 842, 1-13-2020)
48.- CONDITIONAL USES2
Editor's note— Ord. No. 842, adopted Jan. 13, 2020, repealed the former Ch. 18.48, §§ 18.48.010—18.48.050, and enacted a new Ch. 18.48 as set out herein. The former Ch. 18.48 pertained to similar subject matter and derived from Ord. 517 Ch. 11 §§ 1—5, adopted in 1978.
Planning and zoning commission may make a recommendation to the town council on a conditional use that allows a new or additional use within a specific zone. Conditional uses shall not be issued relieving a rigid application of performance standards within a zone.
(Ord. No. 842, 1-13-2020)
A.
The applicant shall:
1.
Obtain a conditional use permit application from the town clerk,
2.
Complete said application, to include a location map, sketch of the plan, a clear statement citing the reasons for which it the applicant requires a conditional use permit,
3.
Obtain all required signatures from neighbors,
4.
Turn in the conditional use permit application and all supporting documents to the town clerk at least seven days prior to a regularly-scheduled planning and zoning meeting,
5.
Be prepared to attend the planning and zoning meeting to address concerns raised about said application, and
6.
Be prepared to attend the council meeting to address concerns raised about said application.
B.
The town clerk shall:
1.
Assist the applicant by ensuring that all relevant forms are provided and relevant dates are related,
2.
Submit all received applications and supporting documents to the planning and zoning chairman at least seven days prior to the regularly-scheduled planning and zoning meeting,
3.
Submit all planning and zoning recommendations to council at least three days prior to a regularly-scheduled council meeting, and
4.
Provide the applicant with a copy of the approved or denied conditional use permit.
C.
The planning and zoning board shall:
1.
Review said application and supporting materials at the next regularly-scheduled planning and zoning meeting,
2.
Make a recommendation to approve or deny the conditional use permit at the same meeting at which the application is submitted, or table the application until the next regularly-scheduled meeting if additional information is required,
3.
Review said application at regularly-scheduled meetings until a recommendation to approve or deny the conditional use permit can be made, and
4.
Provide a written summary of the board's recommendation to the town clerk within seven days of the meeting.
D.
The council shall:
1.
Review the planning and zoning recommendation and the application and supporting materials at the next regularly-scheduled council meeting,
2.
Approve or deny the conditional use permit at the same meeting at which the planning and zoning recommendation and application is submitted, or table the application until the next regularly-scheduled meeting if additional information is required, and review said application at regularly-scheduled meetings until the conditional use permit is either approved or denied.
(Ord. No. 842, 1-13-2020)
Approval of conditional use permits shall be given only after planning and zoning and the council determine that:
A.
The proposed use will fit within the designated zone without adversely affecting the intended zone use;
B.
The town can provide water, sewerage, police and fire protection, garbage pickup and other services to the proposed development;
C.
The proposed development is in accord with the purpose for which the zoning district in which it is located was established; and
D.
The proposed development will pose no hazards due to danger of fire or explosion, traffic congestion, noise, excessive light, glare, or dust, air or water pollution, excessive stormwater runoff or other factors.
(Ord. No. 842, 1-13-2020)
When the council determines that a public hearing should be held, the town shall publish a notice briefly stating the hearing date, time and place in the official town newspaper.
(Ord. No. 842, 1-13-2020)