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A. Purpose.

1. Conditional use permits, revocable, conditional or valid for a time period may be issued by the town council 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.

2. 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.

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

B. Application.

1. The owner or his agent may make application for a conditional use permit, which shall be on a form prescribed by the town planner and filed with the town clerk. The application shall be submitted at least 30 days prior to the next regularly scheduled public hearing date, and shall be reviewed 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.

2. 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 town planner.

C. Public Hearing. The planning commission shall hold a public hearing on any proposed conditional use, and shall give notice thereof in at least one publication in the local newspaper at least 10 days prior to the public hearing.

1. 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.

2. 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 planner, and as follows: The applicant shall apply to the town for issuance of the notice board, and shall deposit with the town clerk 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 10 days prior to the date of the public hearing. The town council 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 town clerk 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.

D. Standards and Criteria for Granting. A conditional use permit shall only be granted after the planning commission and the town council have reviewed the proposed use to determine if it complies with the standards and criteria listed in this subsection. If such finding is made, only the town council shall grant a conditional use permit.

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

2. The size of the site is adequate for the proposed use.

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

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

5. 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.

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

7. 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.

E. Action of the Planning Commission.

1. 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.

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

F. Appeals. The decision of the town council shall be final, unless an appeal is filed with the town clerk within 10 days after the town council’s decision. The appeal shall be in writing to the town council and filed with the town clerk.

G. Period of Validity. Any conditional use permit granted by the town council shall remain effective only for one year unless the use is begun within that time or construction has commenced. If not in use or construction has not commenced within one year, the conditional use permit shall become invalid. [Ord. 378 § 2 (Exh. 1), 1999.]