§ 60-103. Standards; review; application.

(a)

Standards. No application for a conditional use shall be recommended for approval by the plan commission or be granted by the town board unless it is determined that the following factors exist:

(1)

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.

(3)

That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

(5)

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6)

That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

(7)

That the proposed use does not violate floodplain regulations governed by the county.

(8)

That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff, approved by the appropriate jurisdictional authority.

(9)

That such use will comply with the regulations and conditions specified in this article for such use.

(b)

Conditional use review criteria. A request for a conditional use shall be permitted to be approved, approved with conditions or denied. Each request for a conditional use approval shall be consistent with the criteria listed below:

(1)

The request is consistent with all applicable provisions of the comprehensive plan.

(2)

The request shall not adversely affect adjacent properties.

(3)

The request is compatible with the existing or allowable uses of adjacent properties.

(4)

The request can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection, exist or will exist to serve the requested use at the time such facilities are needed.

(5)

The request can demonstrate adequate provision for maintenance of the use and associated structures.

(6)

The request has minimized, to the degree possible, adverse effects on the natural environment.

(7)

The request will not create undue traffic congestion.

(8)

The request will not adversely affect the public health, safety or welfare.

(9)

The request conforms to all applicable provisions of this Code.

(c)

Application of standards. When applying the standards in subsection (a) of this section to any new construction of a building or an addition to an existing building, the town board and/or plan commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

(Code 2006, § 13-1-66)