Milton City Zoning Code
ARTICLE XII
Conditional Uses 1
§ 220-86 Purpose and intent of conditional uses.
[Amended 1-9-2023 by Ord. No. 2022-008]
The purpose of conditional use approval is to provide for certain uses that cannot be well adjusted to their environment in particular locations or are not permitted in the current zoning district but would not have an adverse effect on the surrounding area and properties. These uses are generally of public or semipublic character and are essential and desirable for the general convenience and welfare of the Town. Because of their unusual characteristics, or the special characteristics of the area where they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this chapter, the Comprehensive Plan and their effect on nearby properties.
§ 220-87 Authorization to grant or deny conditional uses.
A.
Conditional use of a property may be permitted, permitted with conditions or not permitted by the Town Council.
B.
In permitting a conditional use or the modification of a conditional use, the Town Council may impose those standards and requirements expressly specified by this chapter and any additional conditions that it or the Planning and Zoning Commission considers necessary and reasonable to protect the best interests of the surrounding property, the neighborhood, or the Town as a whole.
[Amended 1-9-2023 by Ord. No. 2022-008]
C.
On application and after public notice and hearing, the Town Council may authorize the issuance, by the Code Enforcement Officer, of a permit for a conditional use.
§ 220-88 Conditional uses.
[Amended 1-9-2023 by Ord. No. 2022-008]
The following uses shall be approved by the Mayor and Town Council as conditional uses in any district from which they are prohibited, except as otherwise provided, in accordance with the procedures and standards of this chapter, provided that the location is appropriate and that the public health, safety, morals and general welfare will not be adversely affected, that adequate off-street parking facilities will be provided, that they do not contribute to the traffic problem on congested roads and that necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values, and further provided that the additional standards of this chapter are complied with. Unless otherwise specified in this chapter or specified as a condition of approval, the height limits, yard spaces, lot area and sign requirements shall be the same as for other uses in the district where the conditional use is located.
A.
Any use that is not permitted in the zoning district where it is intended, for example, businesses, commercial stores or light industrial uses.
§ 220-89 Procedures for conditional uses.
A.
A property owner(s) or his agent(s) may initiate a request for a conditional use or modification of a conditional use by filing an application which includes a legal description of the property and provide as required a proposed current site plan showing the size and location of the lot, the location of all buildings and proposed facilities, including access driveways, parking areas and all streets within 250 feet of the lot, plans and elevations necessary to show the proposed development, other drawings or information necessary to an understanding of the proposed use and its relationship to surrounding properties and a filing fee. For applicable conditional use filing fees, please consult the currently effective Town of Milton Fee Schedule.
[Amended 1-9-2023 by Ord. No. 2022-008]
B.
Before a conditional use is permitted the proposed conditional use shall be subject to public notice and a public hearing held by the Planning and Zoning Commission. The Planning and Zoning Commission shall fix the time and place of the public hearing and cause notice to be given as follows:
(1)
By publishing notices of the proposed conditional use and the time and place of the public hearing in a newspaper of general circulation in the Town, not less than 10 days prior to the date of public hearing.
(2)
By giving written notice of hearing to any required municipal, county, state or federal agency in a manner prescribed by law.
(3)
The applicant shall notify all owners, within 200 feet of the boundaries of the property that is the subject matter of the petition, of the time and date for the public hearing on the proposed change or amendment or proposed land use by sending such property owners a copy of the notice that is published in a paper of general circulation. Such notices shall be sent certified mail return receipt requested to property owners a minimum of 10 days prior to the date scheduled for the public hearing. A list of properties mailed to, copies of proof of mailings and return receipts shall be provided to the Code Enforcement Officer five days prior to the public hearing.
[Amended 1-9-2023 by Ord. No. 2022-008]
(4)
In addition to any public notice required by this article, the Town Manager shall cause to be posted at one or more prominent and easily visible places on the property the subject of the conditional use application, on an eighteen-inch by twenty-four-inch placard, a public notice setting forth the date and time at which the Planning and Zoning Commission has scheduled a the public hearing on the conditional use application; the name of the applicant; a description and size of the property involved; and a statement, in plain language, of the matter involved. One such notice sign shall be posted for each street where said property fronts. It shall be the responsibility of the applicant to maintain the notice signs in good condition during the posting period. Said notice signage shall be posted at least 15 days prior to the meeting date of the public hearing.
[Added 1-9-2023 by Ord. No. 2022-008]
C.
The Planning and Zoning Commission will review the application and required material for the conditional use to ensure that all the requirements set forth in this chapter are met and any additional requirements that will be imposed by the Planning and Zoning Commission are applied to the site plan prior to it being forwarded with the Planning and Zoning Commission's recommendation to the Town Council for its review and decision. If the Planning and Zoning Commission recommends disapproval of the conditional use, or recommends modification thereof, the Town Council shall not act contrary to such disapproval or recommendation except by a four-fifths vote.
[Amended 1-9-2023 by Ord. No. 2022-008]
D.
Town Council will review the site plan and requirements established by the Planning and Zoning Commission, establish conditions of their own or deny the application in its entirety.
E.
In the case where a conditional use has been approved a building permit shall be issued after the granting of the conditional use by the Town Council, and then only in accordance with the terms and conditions of the conditional use permit.
F.
The Town Council, on its own motion, may revoke any conditional use permit for noncompliance with conditions set forth in the granting of said permit.
G.
A conditional use approval expires when such use is abandoned for more than six months, regardless of intent.
[Added 1-9-2023 by Ord. No. 2022-008]