Section 3.07 Special Use Permit (Ord. #2006-05)

   (1)   The uses defined as Special Uses in Article V. may be approved by the Town Council after being reviewed at public hearings by the Planning and Zoning Commission and the Town Council.

   (2)   Prior to the public hearing, the site shall be posted a minimum of fifteen (15) days before the Planning and Zoning Commission hearing. Such posting shall remain on the site until the completion of the Town Council’s hearing in which the application for the Special Use Permit is considered. In addition, all property owners within a 500 foot radius of the subject property shall be notified of both the Commission and Town Council hearing dates by first class mail a minimum of fifteen (15) days before the Planning and Zoning Commission hearing.

   (3)   The Applicant shall complete and submit information that the Zoning Administrator requests from the Special Use Permit checklist prior to consideration of the application.

   (4)   The Zoning Administrator shall review all submitted information for accuracy and completeness prior to scheduling the Planning and Zoning Commission and Town Council public hearings. Once the application is deemed complete by the Zoning Administrator, the public hearings shall be scheduled by the Zoning Administrator.

   (5)   The Planning and Zoning Commission may recommend imposing conditions for the approval of a Special Use Permit and the Town Council may place any conditions upon the approval of a Special Use Permit.

   (6)   A refusal to issue a Special Use Permit is not the denial of a right, conditional or otherwise. The authority to issue a Special Use Permit is not a mandatory one and the permissive power granted is to be exercised or not, at the Town Council's discretion. Such action by the Town Council on a Special Use Permit request shall be considered a legislative act and, if approved, adopted through an Ordinance to amend the Town’s zoning map.

   (7)   The burden of providing specific evidence and facts showing that the public health, safety, and welfare will be served and will not be adversely affected and that necessary safeguards will be provided for the protection of adjacent property shall rest with the applicant.