Marlborough City Zoning Code
ARTICLE III
Conditional Uses
Section 405.300 Conditional Use Permit.
[Ord. No. 07-449 §3, 8-13-2007]
The division of the Village into zoning districts is based upon the principle that similar conditions prevail throughout a particular district. For particular uses of land that, because of their unique character or potential impacts on adjacent land uses, are not permitted in certain zoning districts as a matter of right, the Village may grant a conditional use permit under certain conditions.
Section 405.310 Conditional Use Permit - Applicability.
[Ord. No. 07-449 §3, 8-13-2007]
A conditional use permit may be granted for those unique uses listed in Section 405.350.
Section 405.320 Conditional Use Permit - Application.
[Ord. No. 07-449 §3, 8-13-2007]
A.
Applications for conditional use permits shall include the following information:
1.
A completed application form as provided by the Village;
2.
Legal description of the subject property;
3.
Proof of ownership or control of the subject property;
4.
Description of the proposal that specifically describes the function, operation and duration of the proposed use;
5.
Map depicting the general location of the property;
6.
A final development plan, when applicable;
7.
Names and addresses of property owners within one hundred eighty-five (185) feet of the project boundary; and
8.
Any other information deemed necessary to conduct a thorough analysis of the application including, but not limited to, a stormwater analysis, a traffic study or an environmental impact study, if warranted.
Section 405.330 Conditional Use Permit - Approval Criteria.
[Ord. No. 07-449 §3, 8-13-2007]
A.
An application for a conditional use permit shall not be approved unless the following criteria are met:
1.
The proposed use is consistent with the intent of the Village's Comprehensive Plan;
2.
The proposed use is one specifically permitted by this Code or, as an exception, any previously granted conditional use permit may be considered for renewal;
3.
The proposed use does not adversely impact the public health, safety, comfort or general welfare;
4.
The proposed use conforms to all conditions and performance standards as set forth herein;
5.
The proposed use does not adversely impact the public infrastructure system; and
6.
The proposed use is compatible with the use, scale, orientation and setback of properties in the general vicinity.
Section 405.340 Conditional Use Permit - Review Procedure.
[Ord. No. 07-449 §3, 8-13-2007]
A.
All conditional use permit applications shall be considered by the Village Board of Trustees for a final determination, which shall take the form of a resolution.
B.
All conditional use permit applications shall require a public hearing as prescribed in this Code.
C.
If a protest against a conditional use permit application is submitted in writing to the Village Clerk, duly signed and acknowledged by thirty percent (30%) or more of the property owners of an area determined by lines drawn parallel to and a distance of one hundred eighty-five (185) feet from the boundaries of the property of which the application is being considered, a two-thirds (2/3) favorable majority of all members of the Board of Trustees shall be required for the application to be approved.
D.
The action of granting a conditional use permit shall not constitute a rezoning.
Section 405.350 Conditional Use Permit - Uses To Be Considered.
[Ord. No. 07-449 §3, 8-13-2007]
A.
Only the uses identified on the following list shall be considered for a use permit.
1.
Accessory utility facilities.
2.
Group homes, provided each facility is at least one thousand five hundred (1,500) feet from any other facility.
3.
Home occupation to be conducted within an accessory structure.
4.
Temporary use of modular units for office purposes in accordance following provisions:
Section 405.360 Expiration or Revocation of Conditional Use Permit.
[Ord. No. 07-449 §3, 8-13-2007]
A.
Operation of an approved conditional use permit shall expire should any of the following circumstances occur:
1.
The term of the permit has expired;
2.
In the case of new construction, if the necessary building permits have not been issued in accordance with the approved permit within two (2) years from the date of approval;
3.
The approved use ceases operation for a period of twelve (12) consecutive months; or
4.
The approved use changes site location.
B.
Should any conditional use permit be reported to be in non-conformance with the terms of approval, the permit shall be subject to revocation by resolution of the Village Board of Trustees after a public hearing. Said permit shall be revoked upon determination of any of the following: