10-12-2 CONDITIONAL USE PERMIT; PROCEDURE

A. Required: An approved conditional use permit shall be required for each conditional use listed in this title. No building permit or other permit or license shall be issued for a conditional use by any officer or employee of the Town unless a conditional use permit shall have been approved. B. Application: Application for a conditional use permit shall be submitted to the Town Clerk on forms provided for that purpose. C. Development Plan: The applicant for a conditional use permit shall prepare a site plan of the proposed conditional use, drawn to scale and showing all existing and proposed buildings, fences, landscaping, automobile parking and loading areas, and any other information the Town Council may deem necessary. For applications related to an ongoing business or other use and not solely construction, the applicant shall provide a detailed plan outlining the proposed use, key staff members and qualifications, a description of the operations and overall goals for the organization. D. Fee: The initial and renewal conditional use permit shall each be in such amount as established by resolution of the Town Council, plus any publication costs and other expenses incurred. E. Hearing: A hearing need not be held; however, a hearing may be held when the Town Council shall deem a hearing to be necessary to serve the public interest. F. Town Council Action: The Town Council may approve, modify and approve, or deny the conditional use application. In approving any conditional use, the Town Council shall impose regulations and conditions as are necessary to protect the public welfare. In approving a conditional use, the Town Council shall find that: 1. The proposed use is necessary or desirable and will contribute to the general well being of the community. 2. The use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. 3. The proposed use will comply with the regulations of this title. 4. The proposed use is in harmony with the intent of the Master Plan. G. Appeals: Appeal of any decision of the Town Council shall be to the Board of Adjustment under the requirements as stipulated under subsection 10-4-3 of this title. H. Inspection: The Town Council or designee shall inspect the conditional use during the course of construction to ensure that it complies with the conditions of the use permit. I. Time Limit: A conditional use permit shall be null and void one year after approval unless substantial work shall have been accomplished toward its completion. Conditional use permits relating to an ongoing business or other use shall expire one-year after approval and will require annual renewal to continue operations. J. Revocation: 1. A conditional use permit may be revoked upon failure to comply with the conditions imposed at the time of the original approval or subsequent modification of the permit, whichever is current. In addition, the renewal of any conditional use permit may be denied at the annual or other periodic renewal time, or at any other time regardless of the issue date of the permit, upon failure to comply with the conditions imposed at the time of the original approval or subsequent modification of the permit, whichever is current. Any conditional use permit may also be revoked for good cause. "Good cause" shall include, but not be limited to, the following, within the discretion of the Town Council: a) circumstances which are detrimental to or have a negative impact on the health, safety and welfare concerns of the citizens and residents of the Town; b) incompatible zoning or land use; c) complaints of noise, odor, failure to keep dogs or other animals under proper care and/or control; d) failure to comply with the conditions imposed at the time the original approval or subsequent modification of the permit, whichever is current; e) the creation and existence of a public or private nuisance; f) failure of the permit holder or his agents or employees to comply with the conditions and requirements of applicable State, County and/or Federal laws, rules and regulations; g) unlawful activities conducted or permitted on the premises for which the conditional use permit was issued; and/or h) other legitimate factors. In this regard, three (3) or more legitimate complaints received by the animal control officer or other law enforcement officers concerning a dog kennel or any other activity or business allowed by a conditional use permit may be cause as determined by the Town Council for denying, refusing to renew and/or revoking the conditional use permit. 2. Prior to the revocation of a conditional use permit or the denial of an application to renew a conditional use permit, the permit holder shall be given a notice which shall state in substance that the Town Council intends to revoke the conditional use permit or deny the application to renew it, together with the reason or reasons therefor, at a regular or special meeting of the Town Council (which shall be at least 10 days and not more than 30 days from the date notice is sent) and the permit holder shall have a right to appear, to be represented by counsel, to hear the evidence against him/her, to cross examine witnesses and to present evidence as to why the permit should not be revoked or the application denied. 3. Subsection J2 of this section shall not apply to original applications for conditional use permits which have not previously been issued or approved by the Town Council, and such applicants need only be informed that their application has been denied and the reasons for such denial. K. Permit Review: Conditional use permits may be reviewed annually or at other intervals as stipulated by the Town Council. L. Dog Kennel Conditional Use Permits; Special Provisions: 1. Each permit shall be granted for a maximum of one calendar year, and shall expire on December 31 of the year in which it is granted, subject to renewal during January of the following year; provided, however, that with respect to any permit granted after July 1 of any year, the Town Council may provide for an expiration date of December 31 of the following year. 2. Any public hearing relating to an application for a dog kennel conditional use permit shall be subject to the provisions of subsection E of this section.