A. Use Permits: Issuance
Use Permits may be granted only when expressly permitted by this Code. Applications shall be made according to the provisions of this section. If a conditional use permit is permitted, but no criteria for the specific use are defined in Section 25.1, the conditions for such use shall be determined by the Planning and Zoning Commission.
Use Permits, which may be revocable, conditional or valid for a term period, may be granted only when expressly permitted by this Code and only after the Planning and Zoning Commission has made a recommendation and the Town Council has found in writing as follows:
1. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following:
a. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;
b. Hazard to persons and property from possible explosion, contamination, fire or flood;
2. That the characteristics of the proposed use are reasonably compatible with the types of use permitted in the surrounding area and sufficient mitigation measures are employed to minimize impact on adjoining properties.
4. That the hours of operation of the proposed use will not adversely impact neighboring properties.
The burden of proof for satisfying the aforementioned requirements shall rest with the applicant.
B. Use Permits: Application
Application for use permit shall be submitted to the Planning and Zoning Administrator.
1. Notice of Public Hearing
With the filing of an application, the Planning and Zoning Administrator shall set a date of public hearing before the Planning and Zoning Commission. Refer to submittal calendar for deadlines. The date, time and place of such public hearing and the nature of the use permit requested shall be published in a newspaper of general circulation in the Town and one notice of the said hearing shall be posted conspicuously on the property. Both such publication and posting shall give fifteen (15) days’ notice of such Planning and Zoning Commission meeting. It shall be the responsibility of the applicant to maintain the posting.
2. The notice, as published and posted, shall be sent by regular mail to owners of adjacent property not less than fifteen (15) days prior to the date of the first public hearing. The applicant shall submit to the Planning and Zoning Administrator an accurate verified list made within sixty (60) days prior to the date of hearing before the Planning and Zoning Commission giving the names and addresses of the recorded owners of all properties, any part of which is within six hundred (600) feet of the proposed use permit, or more as the Planning and Zoning Administrator may determine necessary to provide reasonable notice. Failure of property owners to receive such notice shall not invalidate a use permit that may be subsequently approved.
The violation of any condition imposed by the use permit shall constitute a violation of this Code. Failure to maintain any of the approved conditions may result in revocation of the use permit by Town Council. Amendment or addition to any use permit is subject to the same procedures as those that apply to a new application.