§ 48-525. Application requirements for conditional uses.

The board of commissioners may approve permits for conditional uses in the zoning district where the conditional uses are specified by this chapter. The board of commissioners may impose such reasonable and appropriate conditions and safeguards upon these conditional use permits as to ensure that the spirit and intent of this chapter are preserved and that such conditional use will not adversely affect the public interest.

(1)

Written application for a conditional use permit shall be submitted to the planning and development department no later than 20 days prior to the next regular monthly meeting of the planning board. Such written application shall indicate the section of this chapter under which a permit is being sought and shall contain the information required by the appropriate section and such other information as may be required to ensure compliance with this chapter.

(2)

The written application shall include a listing of the names and addresses of all abutting property owners and the owners of property immediately across the street from the property affected being the subject of the conditional use application. The list shall be supplied by the applicant and shall be current according to the most recent tax listing abstract as filed in the office of the county tax supervisor. The board of commissioners shall hold a public hearing on the conditional use permit request after providing notice as required by section 48-8.

(3)

Application of conditional use permit shall be processed as in subsection 48-524(b)(2), (3), (4) and (5).

(4)

Before they may grant any conditional use permit, the board of commissioners shall make affirmative findings that:

a.

The applicant has met the requirements of this chapter and chapter 38, subdivisions, of this Code and other applicable ordinances.

b.

The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted.

c.

The use, as proposed, will not overburden the firefighting capabilities and the municipal water supply capacity of the town as such facilities and capabilities will exist on the completion date of the conditional use for which application is made.

(5)

In granting any conditional use permit, the board of commissioners may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of those conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be considered a violation of this chapter and will be punishable under article XV of this chapter. The board of commissioners may prescribe a time limit within which the action for which the conditional use permit is required shall be begun or completed. Failure to comply within the time limit set shall void the conditional use permit.

(6)

If the board of commissioners does not prescribe a time limit for any part of the such conditional use permit pursuant to subsection (5) of this section, then the time limitations prescribed in section 48-523 or section 48-526 shall apply.

(Code 1990, § 22-455; Ord. No. 05-02-004, § I, 2-2-2005; Ord. No. 06-10-042, § II, 10-18-2006)