Close Menu ×

Conditional Use

Home » Department » Planning Department » Conditional Use

The following is the application and review process for a conditional use (§78-1238):

  • Application. Application for conditional uses shall be filed with the planning board on forms provided for that purpose and shall be accompanied with appropriate fees as specified in the schedule of license, permit and application fees in appendix A of this Code. The applicant shall provide all information required by the planning board to make its findings of fact as to each of the standards set forth in section 78-1240.
  • Review process. The review process is as follows:
  1. Determination of complete application. Applications will be reviewed for their classification and completeness at the next regularly scheduled meeting of the planning board. If a conditional use review application is determined by the planning board to contain all relevant information necessary to make a reasonable and informed decision, the planning board shall designate the application as a complete application. Conversely, if the application is lacking data required by the planning board, the applicant shall provide the requested information before the application is designated as being complete. Applications failing to be designated as a complete application within six months from the date of submission to the planning board shall be denied by the board.
  2. Public hearing. Within 30 days of designating a conditional use application as a complete application, the planning board shall conduct a public hearing, during which abutters to the proposed project and any other members of the public shall have an opportunity to express their opposition or support for the proposed project. Notification of this public hearing shall be sent to all property owners within a 100-foot radius of the applicant’s property line, a minimum of ten days prior to the hearing.
  3. Site walk. At any time during the review of the application, the planning board may conduct a site walk. The site walk shall be a legally advertised planning board meeting, at which time the board, representatives of the applicant, and any other interested parties will examine the proposed project site.
  4. Conditional use review ruling. Within 60 days of the public hearing, the planning board shall either approve, approve with conditions, or deny the application based on the application’s conformance with the applicable performance standards and regulations of this chapter. At the time of decision, the planning board will issue findings of fact documenting the application’s compliance or noncompliance with the standards of section 78-1240 and all other standards established in this article, article VIII of this chapter, and other relevant sections of this chapter.