§ 58-89. Town as conditional use permit applicant.

(a)

In the event the town council petitions for a conditional use permit under this article, then and in that event the town council shall have no role in determining whether or not said conditional use permit should be granted, or the terms and conditions of said conditional use permit.

(b)

In the event the town petitions for a conditional use permit, it shall be required to follow all of the procedural requirements established in this article. However, said conditional use permit shall not be submitted to the planning board for preliminary approval as set out in section 58-81(1)c, (1)d, (1)e, or (1)f. Instead, the petition shall be reviewed by the town zoning administrator, as set out in section 58-81(1)a and (1)b, who shall thereafter present any properly completed application to the members of the town board of adjustment, which body politic shall decide whether or not to grant said a conditional use permit, and if granted, shall establish the terms and conditions thereof.

(c)

In the event the town petitions for a conditional use permit, the town board of adjustment shall assume the role of the town council set out in sections 58-82 and shall conduct a public hearing as set out in section 58-82 and shall otherwise be governed by the provisions of this article in its deliberations and decision.

(Ord. No. 87-04-08, § 6.11, 4-8-1987; Ord. No. O-2004-27, 10-18-2004)