(A) Submission. Submission of a site plan for special use shall be subject to those requirements outlined in §§ 153.355 through 153.358. The application shall indicate the section of this chapter under which a permit is being sought and shall contain the information required by the appropriate section and such other information as may be required to insure compliance with this chapter.
(B) Prerequisite filings.
(1) Prior to review by the Planning Board and the placing of a site plan upon the agenda of the Planning Board for comment, all town department reports and recommendations shall be filed with the Planning Director.
(2) All evidence of applications and all supplementary, nonlocal permits and approvals necessary for the particular project shall be filed with the Planning Director.
(3) On any site containing more than ½ acre, the necessary land disturbing permit shall have been secured, and the plans approved commensurate with local ordinances shall be filed as a part of the application.
(4) If there is any change in the office of the Planning Department, such items shall be filed with the appropriate municipal official prior to the matter being considered and placed on the agenda of the Planning Board.
(C) Review. The Planning Board shall review the application for a special use permit or other permits submitted in accordance with this procedure and shall refer the application to the department heads and the town officials referred to in § 153.355 for their review. These department heads and town officials designated by the Board of Commissioners shall submit their recommendation in writing as part of the evidentiary hearing.
(D) Approval process.
(1) A quasi-judicial hearing by the Board of Commissioners will be required for all special use decisions.
(2) The Planning Board may provide preliminary forum for review of quasi-judicial decision, provided that no part of the forum recommendation may be used as a basis for the deciding board.
(3) The quasi-judicial hearing shall be conducted in accordance with provisions of § 153.363.
(4) Any party may appear in person, or by agent or attorney.
(5) Before the Board of Commissioners may grant any special use permit, the Board shall make affirmative findings that:
(a) The applicant has met the requirements of this chapter and any other applicable ordinances and state law;
(b) The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted;
(c) The use, as proposed, will not overburden the firefighting capabilities and the municipal water supply capacity of the town as such facilities and capabilities will exist on the completion date of the special use for which application is made.
(E) Granting special use permits. In granting any special use permit, the Board of Commissioners may prescribe appropriate conditions and safeguards, including time and deed limitations imposed in conformity with this chapter. Violation of those conditions and safeguards, when made a part of the terms under which the special use permit is granted, shall be considered a violation of this chapter and will be punishable under § 10.99. The Board of Commissioners may prescribe a time limit within which the action for which the special use permit is required shall be begun or completed. Failure to comply within the time limit set shall void the special use permit.
(F) Approval of special use permits. The Board of Commissioners may approve permits for special uses in the zoning districts where such special uses are specified by this chapter. Where additional permits are required for group development projects in districts where such development may be allowed, those applications for such permits shall also be processed under the procedures of the subchapter. The Board of Commissioners may impose such reasonable and appropriate conditions and safeguards upon these special use permits as to ensure that the spirit and intent of this chapter is preserved and that such special use will not adversely affect the public interest.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 03-17, passed 12-8-03; Am. Ord. 18-4, passed 6-14-21) Penalty, see § 10.99