(A) Application. At a minimum, the application shall contain the following information:
(1) Name, address, e-mail address, and phone number of the applicant;
(2) Legal description of the property;
(3) Description of the existing use, if any;
(4) The particular zoning district;
(5) Description of the proposed special exception;
(6) A plan of the proposed site for the special exception showing the location of all buildings, parking, and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signage, yards, and such other information as the Board deems warranted;
(7) A statement of the expected time frame to begin and complete any construction required to implement the special exception and the expected start of the actual use as a special exception; and
(8) A narrative statement evaluating the effects of the special exception on abutting property, as well as other properties in the district, and the relationship of the special exception to the Comprehensive Plan, or any specific land use objectives of the town.
(B) Action by the Zoning Administrator. Upon receipt of a properly completed application for a special exception permit, the Zoning Administrator shall transmit to the Board of Zoning Appeals the application together with any reports and recommendations relating to the proposed application.
(C) Public hearing and notice. The Board of Zoning Appeals shall hold a public hearing on the application in accordance with its rules. Notice for the public hearing shall be performed in the manner prescribed by the Board.
(D) Action by Board of Zoning Appeals. Within 30 days after the close of the public hearing, the Board of Zoning Appeals shall, in writing, approve, approve with supplementary conditions, or deny the application. Upon reaching a decision, the Board of Zoning Appeals shall instruct the Zoning Administrator to notify the applicant in writing of its decision. If the application is approved or approved with conditions, the Board of Zoning Appeals shall instruct the Zoning Administrator to issue a special exception permit which shall specify all conditions associated with the special exception approval.
(E) Review by certiorari.
(1) A decision of the Board of Zoning Appeals shall be subject to review by certiorari. Any person aggrieved by a decision of the Board of Zoning Appeals may present to the County Circuit Court a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality.
(2) The petition shall be presented to the Court within 30 days after the entry of the decision or order of the Board of Zoning Appeals.
(Ord. 2014-26, passed 9- -2014)