Land Development Ordinance - Amended 4-7-2025

and make a recommendation on the proposed conditional zoning and proposed conditions to the Town Board of the Commissioners.

2. Town Board Review . In consideration of an application for a conditional zoning, the Town Board of Commissioners shall conduct the required legislative hearings and make a decision in accordance with the procedures and administration of this Article.

3. Map Information . Maps shall be submitted with the information as identified above under D. Types of Zoning Map Amendments.

4. Conditions . Conditional zoning permits the establishment of conditions based on site-specific standards proposed by the applicant. Conditions may include, but not be limited to, buffers and screening of adjacent property uses, limiting the number and/or permitted uses by right on the property, location of ingress and egress access, arrangement of site lighting, mitigating noise and dust. In consideration of an application for conditional zoning the Town Board of Commissioners may request, with concurrence by the applicant and property owner (if different), to agree on additional reasonable and appropriate conditions being attached to the conditional zoning application. The applicant and property owner (if different) shall have a reasonable opportunity to consider and respond to any such conditions proposed by the Town Board of Commissioners prior to a final action on the application. 5. Mutually Agreed Conditions . Specific conditions applicable to a proposed conditional zoning must be mutually agreed to between the applicant, the property owner (if different), and the Town Board of Commissioners, in writing. 6. Consistency . The Town Board of Commissioners shall adopt a statement describing whether its action is consistent or inconsistent with the Land Use Plan and an explanation why the Town Board of Commissioners considers the action taken to be reasonable and in the public interest.

7. Effect of Approval . Upon approval of a conditional zoning, it shall subject the property to be governed by the pre-determined requirements, conditions and site-specific standards, all of which

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