1003 Conditions for Approval

(For all Conditional Use Permit Applications other than those for Nightly Rental and Bed and Breakfast, which are addressed in Sections 1007 and 1008.) Upon receipt of an application, which is fully completed and provides all of the information required herein, along with the application fee, the building official and the Chairman of the Planning and Zoning Commission shall review the application and consider the requested conditional use permit and compare that with the existing neighborhood. If the building official and Planning and Zoning Commission Chairman or the full Planning and Zoning Commission determine that the proposed use is likely to generate significant public interest or that there is a legitimate question as to the suitability of the proposed use; after, considering the character of the neighborhood, the economic and aesthetic effects of the proposed use, and the harmony of the proposed use with the existing neighborhood the Planning and Zoning Commission Chairman shall schedule a neighborhood meeting between the neighboring property owners and the developer. Notice, in writing, shall be sent to all property owners of record within 300 feet of the proposed conditional use. When the developer and affected property owners cannot reach an agreement of opinion regarding compatibility of the proposed land use, the Planning and Zoning Commission shall hold a public hearing, and prior to making a decision shall listen to all of the concerns of affected property owners and interested parties regarding the proposed project’s compatibility. After considering the information, comments of the affected property owners, the applicant for the conditional use permit, and following any evaluation or investigation by the Planning and Zoning Commission, the Planning and Zoning Commission shall make a determination as to whether or not the proposed use is compatible and in harmony with the neighborhood. If the Planning and Zoning Commission finds that the proposed use is incompatible, not in harmony with the neighborhood, would cause a fundamental change in the characteristics of the neighborhood, and/or the intent of the Dutch John General Plan, the conditional use permit shall be denied. If the proposed use is found to be compatible and in harmony with the neighborhood and the intent of the Dutch John General Plan, the Planning Zoning Commission shall proceed to review and consider the application and make a recommendation to the Town Council pursuant to the additional considerations set forth in the planning and zoning ordinance.