Peachland Zoning Ordinance


b. The application shall be completed and presented to the Administrator at least ten (10) days prior to the Planning Board meeting at which the application is to be reviewed.
c. The Planning Board shall have a maximum of forty-five (45) days from the date at which it met to review the application to submit its recommendation to the Town Council. If a recommendation is not made during said forty-five (45) day period, the application shall be forwarded to the Town Council without a recommendation from the Planning Board.
d. When dealing with the Conditional Use Permit process, it may be desirable to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the Planning Board and/or Town Council may request needed additional information as they deem necessary.
e. Once the Planning Board has considered the proposal and forwarded their recommendation to the Town Council, the Town Council shall consider conducting a public hearing. Due notice of such public hearing shall be published in a manner similar to that as prescribed in Section 14.4 in this Ordinance. The Mayor reserves the right to adjourn the meeting to another place and time to be announced at the public hearing.
f. After the completion of said public hearing, the Town Council shall take such lawful action as it may deem advisable. All Conditional Use Permits shall be issued in accordance with Section 11.3 - 11.5.
11.2.2 Zoning Change Required. In addition to all requirements listed in Section 14.1.1, the following requirements shall be met:

a. The applicant shall also complete a rezoning application which together with the Conditional Use Permit application, shall be submitted to the Administrator.
b. Once the Conditional Use Permit application and zoning change application have been properly completed, they both shall be reviewed first by the Planning Board and then by the Town Council.


Section 11.3 Town Council Decision

   If the Town Council should find, after conducting a public hearing, that the proposed Conditional Use Permit and, where requested, zoning change should be granted, the Town Council may impose such additional reasonable and appropriate special conditions upon such Conditional Use Permit as it may deem necessary in order that the purpose and intent of this section are served, public welfare secured and substantial justice done. In no instance shall any of these conditions be less restrictive than any requirements which would pertain to that particular development found elsewhere in this Ordinance. Any conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development and other matters that the Town Council may find appropriate or the petitioners may propose. These conditions may include sign controls but may not include architectural review or controls. The petitioner will have a reasonable opportunity to consider and respond to any such additional requirements prior to approval or denial by the Town Council.

   The Town Council may only issue a Conditional Use Permit after having evaluated an application and having determined that:

a.The use will not materially endanger the public health or safety if located where proposed and developed according to plan.
b.The use meets all required conditions and specifications.
c.The use will not substantially injure the value of adjoining or abutting property or the use is a public necessity.
d.The location and character of the use if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located.
Section 11.4 Variances

   The authorization of a Conditional Use Permit by the Town Council for a proposed development shall preclude any requirement for obtaining a variance from the Board of Adjustment.

Section 11.5 Perpetuity of Conditional Use Permit

   Any Conditional Use Permit so authorized shall be perpetually binding to the property included in such Permit unless subsequently changed or amended by the Town Council. However, minor changes in the detail of the approved plan which will not alter the basic relationship of the proposed development to adjacent property, will not alter the uses permitted or increase the density or intensity of development, will not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site may be made with the approval of the Administrator. Any applicant may appeal the decision of the Administrator to the Board of Adjustment for a decision as to whether an amendment to the Conditional Use Permit shall be required.

   Major changes to the approved plan shall necessitate the issuance of a new conditional use permit as herein outlined.

   No certificate of occupancy shall be issued for any building or land use on a piece of property which had received a Conditional Use Permit unless the building or structure is constructed or used, or the land is developed or used, in conformity with the final plans approved by the Town Council. In the event that only a segment of a proposed development has been approved, the certificate of occupancy shall be issued only for that portion of the development as approved.

   The Town Council may change or amend any Conditional Use Permit, only having held a public hearing. In addition, the request to change the Conditional Use Permit shall have been reviewed by the Planning Board prior to the public hearing and shall be subject to the same considerations as provided for in this section for the original issuance of a Conditional Use Permit.

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