(A) Pre-Application Conference
Before filing the application, an applicant for a special use shall request a pre-application conference with the Planning Department (see Section 3.1.5).
(B) Filing of Application and Content Requirements
(1) An application for approval of a special use may be filed only by the owner of the lot on which the use is to be located, an agent, lessee, or contract purchaser specifically authorized by the owner to file such application, or any unit of government that is not the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation.
(2) An application for approval of a special use shall be filed with the Planning Department.
(3) After determining that the application is complete, the Planning Department shall transmit all applications, plans, and other records pertaining to the proposed special use to the decision-making body. If a development plan is required under Section 3.9, the Planning Department shall complete review of the development plan in accordance with the requirements of Section 3.9, and transmit other records pertaining to the proposed special use to the decision-making body.
(C) Notice and Conduct of Quasi-Judicial Evidentiary Hearings
(D) Planning Director Review and Report
The Planning Director shall review the proposed special use based on the approval criteria of Section 3.8.3 and distribute the application to the Development Review Committee and, as deemed necessary, to other reviewers. Based on the results of those reviews, the Director shall provide a report to the Zoning Board of Adjustment at a quasi-judicial evidentiary hearing on the special use. This report shall include a discussion of all plans and policies that have been adopted by the Town that are relevant to the proposed application.
(E) Review and Decision
(1) The Zoning Board of Adjustment shall hold at least one (1) quasi-judicial evidentiary hearing on the proposed special use and, based on the staff report, the evidence presented at the hearing, the approval criteria of Section 3.8.3, and any applicable use-specific standards of Section 5.2 or 5.3, approve, approve with modifications, or deny the proposed special use. The Zoning Board of Adjustment may approve, or approve with modifications, any special use by a majority vote.
(2) If the special use also requires a development plan, then the Zoning Board of Adjustment shall also review the development plan in accordance with Section 3.9. Final action to approve the development plan shall not occur until after approval of the special use.
(3) The Zoning Board of Adjustment shall determine contested facts and make its decision within a reasonable time. The decision shall be based upon competent, material, and substantial evidence in the record. The decision shall be reduced to writing and shall be approved by the Board and signed by the Chair of the Zoning Board of Adjustment, or his designee. The decision is effective upon filing with the Planning Department.
(4) The decision shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.