§ 54. Special Use Permits and Conditional Use Permits.

(a)

An application for a special use permit shall be submitted to the planning board by filing a copy of the application with the administrator in the planning department. The review process for a special use permit shall include:

(1)

Planning department review and recommendation in accordance with Section 56;

(2)

Public hearing held by the planning board; and

(3)

Planning board review and action pursuant to Section 59 and 60.

(b)

An application for a conditional use permit shall be submitted to the council by filing a copy of the application with the administrator in the planning department. The review process for a conditional use permit shall include:

(1)

Development review committee review and recommendation pursuant to Subsection 57(a);

(2)

Planning board review in accordance with Subsection 57(b) through (e);

(3)

Town council review and decision on setting a public hearing date pursuant to Subsection 58(a);

(4)

Public hearing held by the town council; and

(5)

Town council review and action pursuant to Section 58.

(c)

Subject to Subsection (d), the planning board or the council, respectively, shall issue the requested permit unless it concludes, based upon the information submitted at the hearing, that:

(1)

The requested permit is not within its jurisdiction according to the Table of Permissible Uses; or

(2)

The application is incomplete; or

(3)

If completed as proposed in the application, the development will not comply with one (1) or more requirements of this chapter [appendix] (not including those the applicant is not required to comply with under the circumstances specified in Article VIII, Nonconforming Situations).

(d)

Even if the permit-issuing board finds that the application complies with all other provisions of this chapter [appendix], it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

(1)

Will materially endanger the public health or safety; or

(2)

Will substantially injure the value of adjoining or abutting property; or

(3)

Will not be in harmony with the area in which it is to be located; or

(4)

Will not be in general conformity with the land use plan, thoroughfare plan, or other plan officially adopted by the council.

(e)

No special use nor conditional use permit shall be approved until a public hearing has been held by the permit-issuing board.

(f)

The town clerk shall publish a notice of the public hearing once a week for two (2) successive weeks in a newspaper having general circulation in the area. The notice shall be published for the first time, not less than ten (10) days nor more than twenty-five (25) days, before the date affixed for the hearing. In computing this period, the date of publication shall not be counted but the date of the hearing shall be. The notice required by this section shall:

(1)

State the date, time, and place of the public hearing;

(2)

Summarize the nature and character of the permit request;

(3)

Reasonably identify the property affected by the permit request;

(4)

State that the full permit request application can be reviewed at the office of the administrator; and

(5)

State that substantial changes in the permit request may be made following the public hearing.

(g)

The administrator shall mail written notice of the public hearing to the owners of all properties involved in the permit request as well as the owners of all properties, any portion of which is within one hundred (100) feet of the property involved in the permit request.

(h)

The administrator shall also post notices of the public hearing in the vicinity of the property involved in the permit request and take any other action deemed by the administrator to be useful or appropriate to give notice of the public hearing on any permit request.

(i)

The administrator shall make every reasonable effort to comply with the notice provisions set forth in this section. However, it is the permit-issuing board's intention that no failure to comply with any of the notice provisions (except those set forth in Subsection (f)) shall render any permit request invalid.

(j)

At the conclusion of the public hearing, the permit-issuing board may proceed to vote on the permit request, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure.

(k)

The permit-issuing board is not required to take final action on a permit request within any specific period of time, but it should proceed as expeditiously as practicable on permit requests since inordinate delays can result in the applicant incurring unnecessary costs.

(Ord. No. 04-06, § 1, 5-10-04)