§ 16-511. General provisions concerning conditional use permits.

(a)

Compliance with other codes. Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of building codes and other ordinances.

(b)

Administration, enforcement, review, termination, and reinstatement.

(1)

The official with responsibility under division 3 of this zoning article shall ensure compliance with plans approved by the board of commissioners and with any other conditions imposed upon the conditional use permit. Enforcement of the approved plans and with any other conditions imposed upon the conditional use permit shall be pursuant to those procedures set forth in divisions 3 and 5 of this zoning article regarding administration, enforcement and review of approvals and subject to applicable administrative review and appeal procedures. Further, in the event of a division 3 decision finding a failure to comply with the approved plans and with any other conditions imposed upon the conditional use permit, and subject to applicable administrative review, revocation and appeal procedures, no building permits for further construction shall be issued, and all completed structures shall be regarded as nonconforming uses subject to the provisions of the town's zoning ordinances.

(2)

A conditional use shall become null and void if start of construction or occupancy of the proposed use as specified on the conditional use permit has not commenced within 24 months of the date of issuance. At the request of the permittee, and for good cause shown, the board of commissioners may extend said period required for start of construction or occupancy for up to 12 months.

(3)

Any conditional use permit revoked by the board of adjustment under division 3 of this article or otherwise terminated, expired, rescinded, revoked or rendered null or void under any applicable law, may only be reinstated by a new conditional use permit effective as of the date of issuance of the new permit, after the full application review and approval process set forth in this division.

(c)

Expiration. In a case where a conditional use permit has not been exercised within the time limit set by the town board or within six months if no specific time limit has been set, then without further action, the permit shall be null and void. The term "exercised, " as set forth in this subsection, means that binding contracts for the construction of the main building have been let; or in the absence of contracts that the main building is under construction to a substantial degree; or that prerequisite conditions involving substantial investment are contracted for, in substantial development, or completed (sewerage, drainage, etc.). When construction is not a part of the use, the term "exercised" means that the use is in operation in compliance with the conditions set forth in the permit.

(d)

Duration of conditional use. Any conditions imposed on a conditional use authorized and exercised shall be perpetually binding upon the property unless expressly limited by the conditional use permit or subsequently changed or amended by the town board after a public hearing.

(e)

Conditions and guarantees. Prior to the granting of any conditional use, the town board may stipulate such conditions and restrictions upon the establishment, location or construction, maintenance and operation of the conditional use as it deems necessary for the protection of the public and to secure compliance with the standards and requirements specified in this article. In all cases in which conditional uses are granted, the town board shall require such evidence and guarantees as it may deem necessary to assure that the conditions stipulated in connection therewith are being and will be complied with.

(1)

Such conditions may include a time limitation.

(2)

Conditions may be imposed which require that one or more things be done before the use requested can be initiated. For example, "that a solid board fence be erected around the site to a height of six feet before the use requested is initiated."

(3)

Conditions of a continuing nature may be imposed. For example: "exterior loudspeakers shall not be used between the hours of 10:00 p.m. and 9:00 a.m."

(Ord. No. 95-008, § 12.4, 12-13-1995; Ord. No. 2012-002, § 6(12.4(b)), 3-14-2012)