(A) Authority for special exceptions. The Town Council shall have the authority to issue special exceptions. The exercise of this authority require that the provisions for such special exceptions shall be contained within the regulations for the zoning district where the property is located, and that the approval thereof shall be consistent with the goals and objectives of the Comprehensive Plan. One of the necessary elements required for approval is that the Town Council shall find that the granting thereof will avoid an adverse impact upon the general welfare of the community. The Town Council, in taking final action to authorize the issuance of a special exception for the property in question, shall also find that the application complies with the criteria for special exception approvals as hereinafter set forth.
(B) Nature of special exception. A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance or prosperity is permissible. Such uses may be permitted in such zoning districts as special exceptions when contained in the regulations for the applicable zoning district.
(C) Review by Planning and Zoning Board. Applications for special exceptions are to be reviewed by the Planning and Zoning Board at a public hearing and its recommendations forwarded to the Town Council for final action.
(D) Contents of special exception application. An application for a special exception shall include a submission of the following information and supporting documents:
(1) A statement of the petitioner’s interest in the property and written consent to the petition by all owners of record;
(2) A plot plan or boundary sketch which has been reviewed and approved by the duly appointed representatives of any property owners’ association or property management corporation, together with a lot and block reference or other means of legal description identifying the property of the application;
(3) A complete list of all property owners and mailing addresses for all property within 200 feet of the subject parcel as recorded in the latest official tax roll prepared by the County Property Appraiser or otherwise determined;
(4) A statement of the special reasons or basis for the special exception, including the intended use and development of the property shown on an adequate site plan;
(5) The existing and/or proposed development of the site;
(6) Surrounding land uses within 100 feet of the site;
(7) A statement of special reasons or basis for the request, including the intended use and development of the property shown on the site plan. The information to be provided on or with the site plan shall be based upon the size and nature of the proposed development and shall follow the guidelines provided for site plan approval and if required, a plan showing exterior elevations or schematic illustrations of representative buildings shall be included in the application, provided it is relevant to the application; and
(8) Any other reasonable information which may be required by the Board which is commensurate with the intent and purpose of this code.
(E) Criteria for special exception. In the review of applications for a special exception, the following criteria shall apply. In order to authorize an issuance of a special exception, the Town Council shall find that granting the approval will be in substantial compliance with the following requirements.
(1) Be consistent with the goals and objectives of the town’s Comprehensive Plan.
(2) Be in harmony and beneficial to the existing land use pattern in the area.
(3) Avoid the creation of isolated districts unrelated to adjacent uses.
(4) Avoid the creation of density patterns which would overly burden public facilities, existing infrastructure and utility services.
(5) Be logical and beneficial to the town, under a change in circumstance or in the existing conditions affecting the property.
(6) Serve as a stabilizing or beneficial influence on the living conditions in the neighborhood.
(7) Avoid the creation of traffic congestion, promote efficient traffic circulation and assist public safety for vehicular and pedestrian traffic in the area of development.
(8) Promote satisfactory control of surface water drainage.
(9) Preserve adequate light and air to adjacent properties.
(10) Sustain property values for the subject land and adjacent areas.
(11) Promote the improvement and development of adjacent properties in accordance with the existing regulations of the code.
(12) Be in harmony with the general intent and purpose of this chapter.
(F) Time limit for special exceptions. Approvals granted under the provisions of this subchapter shall lapse if implementation of the development plan in accordance with the approval granted has not been initiated within 18 months from the date of granting approval. If judicial proceedings to review the town’s decision shall be instituted, such time period shall commence to run from the date of entry of the final order in such proceedings, and any appeals thereof.
(Ord. 1-90, passed 1-31-1991)