Section 5-030 Procedure
A. Application: Prior to making a formal application for a Conditional Use Permit, the applicant or agent shall review the proposal with the Community Development Director. Application for a Conditional Use Permit shall be made by the property owner or the authorized agent, on a form available from the Town’s Community Development Department. Application shall include: a site plan, a list of the names and addresses of all property owners within two hundred (200) feet of the proposed conditional use and a non-refundable application fee. A deposit toward potential outside consultant fees incurred by the Town in the processing and review of an application shall be required per Section 3-5 of the Town Code. (Revised by Ordinance #364. Approved 8/12/14; Effective 9/12/14)
1. Public Hearing Required: The Town Planning Commission shall hold a public hearing on all Conditional Use Permit applications. Notice of the time and place of the hearing, including a general explanation and the general location of the matter to be considered, shall be given at least fifteen (15) days before the hearing in the following manner:
a. The notice shall be published at least once in a newspaper of local circulation. A notice shall be posted on the property at a strategic location. The notice shall include: the present zoning classification, the proposed use and the date and time of the hearing.
b. In proceedings involving Conditional Use Permit applications which abut other municipalities or unincorporated areas, or combinations thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit. Additionally, the Town shall notify by first class mail, those property owners of record within two (200) feet of any boundary on which the proposed conditional use might occur.
c. In the case of Conditional Use Permits that are not initiated by the property owner, notice by first class mail shall be sent to each property owner of record, within three hundred (300) feet of the proposed conditional use.
d. Notwithstanding the notice requirements set forth herein, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of a municipality for which notice was given.
2. Planning Commission Public Hearing and Action: After the hearing, the Planning Commission shall present a written recommendation to the Town Council. The Commission’s written recommendation shall contain the reasons or finding upon which its decision is based.
3. Council Public Hearing and Action: If the Planning Commission has held a public hearing, the Town Council may adopt, deny or modify the decision of the commission without holding a second public hearing. However, if a protest to the decision is submitted in writing within fifteen (15) days after Commission action, the Town Council shall hold a second public hearing. Notice of the time and place of the hearing shall be given in the same manner specified above.
4. Protest Provision: If the owners of twenty percent (20%) or more of the lots within two hundred (200) feet of the proposed Conditional Use Permit, file a written protest against a Conditional Use Permit application, it shall not become effective except by the favorable vote of three-fourths of all members of the Town Council able to vote. (Prior code § 5-3)