§ 58-81. Procedures.

Conditional use permits shall be considered by the town council by either of the following methods:

(1)

Submittal information and procedures for all uses except conservation subdivisions (and no zoning change required).

a.

A completed written application for a conditional use permit shall be filed with the zoning administrator at least 25 days prior to the next regularly scheduled planning board meeting. The application, at a minimum, shall include the following items, for all uses except conservation subdivisions. Submittal requirements for conservation subdivisions are located in subsection (2) of this section.

1.

Name, address and telephone number of the applicant and property owner, if different from the applicant, deed book and page number of the property.

2.

A scaled boundary survey drawn to an appropriate scale prepared by and certified to be correct by a surveyor or engineer registered with the state, showing the total acreage, present zoning classifications, date and north arrow. On this survey shall be sketched the information required in subsections (1)a.4.—(1)a.8. of this section.

3.

The owners' names, addresses and tax parcel numbers (as shown on the current year county tax records), and the uses and current zoning classifications of all adjacent properties.

4.

All existing easements, reservations, rights-of-way and all yard requirements for the zoning district.

5.

A site plan showing all existing and/or proposed buildings, storage areas, parking and access areas, the proposed size, layout and setbacks of land and proposed structures, and the proposed number, type and location of signs. For residential uses this shall include the number of units and an outline of the area where the structures will be located. For nonresidential uses, this shall include the approximate square footage of all structures and an outline of the area where the structures will be located.

6.

Traffic, parking and circulation plans showing the proposed locations and arrangement of parking spaces and access points to adjacent streets.

7.

Landscape plan at the same scale as the site plan showing existing and proposed trees, groundcover and landscape material, proposed screening, including walls, fences or planted areas as well as treatment of any existing natural features.

8.

Plans and elevations for all proposed structures.

9.

A map at the same scale as the site plan showing the following:

i.

Delineation of areas within the floodplain as shown on the official flood hazard boundary maps.

ii.

Accurate mapping of all soil classifications found on the site and general depths thereof. The applicant shall use the same classifications used by the U.S. Department of Agriculture.

iii.

Existing and proposed topography at five-foot contour intervals.

iv.

Plans for providing potable water and for the treatment of wastewater.

10.

Proposed phasing, if any, and approximate completion time of the project.

11.

A stormwater management plan. Stormwater runoff and rate should not exceed the predevelopment rate for a ten-year storm.

12.

For nonresidential uses: Plans and schematic designs for all buildings and signs on the site.

b.

All applications shall be completed and signed by the applicant and shall be submitted with the application fee required by the town in accordance with the fee schedule adopted by the town council. No application shall be considered complete or processed by the zoning administrator unless accompanied by said fee. In addition, the town shall be reimbursed by the applicant for all costs associated with the town's engineering and/or consulting services with respect to review of the conditional use permit prior to the conditional use permit approval. All expenses incurred by the town for the processing of a conditional use permit application shall be paid prior to the issuance of a final notification of action taken.

c.

The zoning administrator shall review the application and notify the applicant if the application is incomplete in any respect. If the zoning administrator notifies the applicant that the application is incomplete, the applicant must complete the application before it will be forwarded to the planning board and the design review board (DRB), if applicable. After reviewing the application, the zoning administrator also may provide the applicant with comments on the application. If the applicant intends to amend the application as a result of any comments provided by the zoning administrator, the applicant shall notify the zoning administrator of the applicant's intent to amend the application within 15 calendar days after receiving such comments. After the applicant submits any amended application, the zoning administrator will review the amended application to ensure that it is complete, and the zoning administrator may provide the applicant with comments on the amended application.

d.

If the most recent version of the application is complete and either the zoning administrator completes his review of that version and does not provide the applicant with comments, or the zoning administrator provides the applicant with comments on that version but the applicant does not notify the zoning administrator within 15 calendar days as proscribed in subsection c. above that he intends to amend the application, then the application shall be deemed ready for submission to the planning board and the DRB, if applicable, as established below:

1.

Submissions requiring planning board approval: The zoning administrator shall submit the application to the planning board at their next regularly scheduled meeting that occurs at least 15 days after the application is deemed ready for submission in accordance with this section. The planning board by majority vote may shorten or waive the time provided in this article for receipt of a completed conditional use application.

2.

Submissions requiring planning board and DRB approval: The zoning administrator shall submit the application to the DRB within five business days of the determination that the application is complete as set forth in this subsection d. The DRB shall have a maximum of 30 days from the date on which the application is submitted to the DRB to review the application and submit its recommendation to the planning board. The DRB shall determine whether plans and schematic designs satisfy the standards set out in this section and meet the requirements of the town's architectural design standards (see chapter 14, article V). If a recommendation is not made within the 30-day time period, the application shall be forwarded to the planning board without a recommendation. The planning board shall have a maximum of 30 days from the date on which an application is submitted to it, or until its next regularly scheduled meeting, if such meeting is not less than 15 days after the application is submitted to it, whichever is later, to review the application and to submit its recommendation to the town council. If a recommendation is not made during said time period, the application shall be forwarded to the town council without a recommendation from the planning board.

e.

During the review of a conditional use permit application, it may be desirable to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the DRB, planning board and/or the town council may request needed additional information from the applicant as they deem necessary.

f.

Once the application is forwarded to the town council from the planning board, the town council shall consider conducting a public hearing as described in subsection 58-270(g) (a public hearing is required if a CUP is to be approved). In the event the town council deems a public hearing appropriate, due notice of such hearing shall be as prescribed in subsections 58-270(g)(1)—(g)(4). The town council shall render a decision on the conditional use permit in accordance with subsection 58-82(3).

(2)

Submittal information and procedures for conservation subdivisions (no zoning change required).

a.

An applicant for a conditional use permit for a conservation subdivision shall be required to submit a site plan that contains or is accompanied by the following:

1.

Name, address and telephone number of the applicant and property owner, if different from the applicant, deed book and page number of the property description.

2.

A scaled boundary survey drawn to an appropriate scale prepared by and certified to be correct by a surveyor or engineer registered with the state, showing the total acreage, present zoning classifications, date and north arrow. On this survey shall be sketched the information required in subsections (2)a.4.—(2)a.8. of this section.

3.

The owners' names, addresses, and tax parcel numbers (as shown on the current year county tax records), and the uses and current zoning classifications of all adjacent properties.

4.

An aerial photograph enlarged to a scale not less detailed than one inch equals 400 feet, with the site boundaries clearly marked.

5.

Topography, the contour lines of which shall generally be at five-foot intervals, determined by photogrammetry. Slopes shall be clearly indicated when they are between ten and 15 percent, between 15 and 25 percent, or exceeding 25 percent. Topography shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official USGS benchmarks.

6.

The location and delineation of ponds, lakes, streams, ditches, natural drainage swales, wetlands and floodplains. Additional areas of wetlands on the proposed development tract shall also be indicated, as evident from testing, visual inspection, or from the presence of wetland vegetation.

7.

A description of the vegetative cover conditions on the property depicted on a plat or current aerial photo and labeled according to cover type including cultivated land, permanent grassland, meadow, pasture, hedgerow, forestland and wetland and the actual canopy line of existing trees and forestlands.

8.

Soil series, types and phases, as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the published soil survey for the county, and accompanying data published for each soil relating to its suitability for construction (and, in unsewered areas, for septic suitability).

9.

Ridgelines.

10.

A viewshed analysis showing the location and extent of views into the property from public roads and from public parks, and from the boundaries of lakes, ponds and streams on the site.

11.

Locations of all historic sites on the tract.

12.

Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.).

13.

All easements and other encumbrances of property which are or have been filed of record with the county register of deeds.

14.

Total acreage of the tract, and the location and acreage of primary conservation lands.

15.

The general concept for land conservation on the subdivision (i.e., a summary description of the types of primary and secondary lands contained on the tract and an overview of the subdivider's plans for retaining each, where applicable).

16.

A yield plan showing the number of lots that could occur on the tract if it were developed in accordance with all applicable subdivision requirements as a conventional subdivision using lots of a minimum size of 40,000 square feet, as called for in subsection 46-42(d)(2).

17.

A general concept of what the conservation subdivision will look like, including proposed roads and lot layout.

b.

All applications shall be completed and signed by the applicant and shall be submitted with the application fee required by the town in accordance with the fee schedule adopted by the town council. No application shall be considered complete or processed by the zoning administrator unless accompanied by said fee. In addition, the town shall be reimbursed by the applicant for all costs associated with the town's engineering and/or consulting services with respect to review of the conditional use permit prior to conditional use permit approval. All expenses incurred by the town for the processing of a conditional use permit application shall be paid prior to the issuance of a final notification of action taken.

c.

The zoning administrator shall review the application and notify the applicant if the application is incomplete in any respect. If the zoning administrator notifies the applicant that the application is incomplete, the applicant must complete the application before it will be forwarded to the planning board. After reviewing the application, the zoning administrator also may provide the applicant with comments on the application. If the applicant intends to amend the application as a result of any comments provided by the zoning administrator, the applicant shall notify the zoning administrator of the applicant's intent to amend the application within 15 calendar days after receiving those comments. After the applicant submits any amended application, the zoning administrator will review the amended application to ensure that it is complete, and the zoning administrator may provide the applicant with comments on the amended application.

d.

If the most recent version of the application is complete and either the zoning administrator completes his review of that version and does not provide the applicant with comments, or the zoning administrator provides the applicant with comments on that version but the applicant does not notify the zoning administrator within the 15-calendar-day time period, provided that he intends to amend the application, then the application shall be deemed ready for submission to the planning board. The zoning administrator shall submit the application to the planning board at their next regularly scheduled meeting that occurs at least 15 days after the application is deemed ready for submission in accordance with this section. The planning board, by majority vote, may shorten or waive the time provided in this article for receipt of a completed conditional use application.

e.

The planning board shall have a maximum of 30 days from the date on which an application is submitted to it, or until its next regularly scheduled meeting after an application is submitted to it, whichever is later, to review the application and to submit its recommendation to the town council. If a recommendation is not made during said time period, the application shall be forwarded to the town council without a recommendation from the planning board.

f.

When reviewing an application for a conditional use permit, it may be desirable to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the town may request needed additional information as they deem necessary.

g.

After the planning board has made a recommendation to the town council, the zoning administrator is authorized to call and advertise a public hearing to be held at the next regularly scheduled town council meeting provided notification requirements, pursuant to subsections 58-270(g)(1)—(g)(6), are met. The town council shall render a decision on the conditional use permit in accordance with subsection 58-82(3).

(3)

Zoning change required.

a.

When a conditional use permit is being requested for a use in a zoning district for which a rezoning is required, the following procedures shall be followed:

1.

The requirements listed in subsection (1) of this section shall be met.

2.

The applicant shall also complete a rezoning application which, together with the conditional use permit application, shall be submitted at the same time to the zoning administrator as set forth in subsection 58-270(b).

b.

Once the conditional use permit application and zoning change application have been properly completed, they shall both be reviewed by the planning board and the town council in compliance with subsection (1) of this section for conditional uses and subsections 58-270(d) and 58-270(j) for zoning changes.

c.

The withdrawal of the conditional use permit application by the applicant after it has been accepted by the zoning administrator shall immediately terminate review of the zoning change application by either the planning board or town council. Any fee paid by an applicant shall be forfeited to the town unless the application for a conditional use permit is withdrawn prior to submission of the application to the planning board. All recommendations made by the planning board concerning the zoning changes shall be in accordance with article IX of this chapter.

(Ord. No. 87-04-08, § 6.3, 4-8-1987; Amd. of 5-9-1994; Ord. No. O-2004-22, 8-9-2004; Ord. No. O-2004-24, 10-11-2004; Ord. No. O-2006-15, 8-14-2006; Ord. No. O-2009-08, 7-13-2009)