(a) Sketch plan conference. Any person seeking to obtain approval of a special use shall submit to the zoning administrator a sketch plan prior to submitting an application for a special use permit. The purpose of submitting the sketch plan is to afford the applicant an opportunity to obtain the advice and assistance of the development review committee in order to facilitate the subsequent preparation and timely approval of the special use permit application. This procedure does not require formal application or fee. Applications must be made by a person with a property interest or a contract to purchase the property.
(b) Review procedure. All special use permit applications and applicable fees shall be delivered to the office of the zoning administrator to be processed for the board of adjustment. Incomplete applications shall be returned to the applicant by the zoning administrator accompanied by a letter outlining the deficiencies found therein.
(1) Development review committee. The zoning administrator shall submit the complete special use permit application to the development review committee for technical review and recommendation within seven days of the date the application was received and found to be complete by the zoning administrator. The development review committee shall review the application and make recommendations to the board of adjustment in addition to the zoning and planning board within 30 days of the date the application was determined to be complete by the zoning administrator.
(2) Zoning and planning board. The complete application, accompanied by the recommendations of the development review committee, shall then be submitted to the zoning and planning board by the zoning administrator for review and recommendation. The zoning and planning board may consider site treatment, building design, relationship of building to site, harmony of buildings and uses with neighborhood character, landscaping, signs, lights and any other considerations it feels reasonably affect the appearance of the proposed project. The zoning and planning board shall have 35 days to make its recommendation to the board of adjustment. The 35 days shall begin on the date the zoning and planning board first considers the application at a regularly scheduled meeting. Applications which do not involve the change in the appearance of a building or premises, as determined by the zoning administrator, shall not be required to be reviewed by the zoning and planning board.
(3) Board of adjustment. The board of adjustment shall hold a hearing no later than 65 days from the date the application was reviewed by the development review committee. The board of adjustment shall neither deny nor approve any application solely on the basis of a recommendation from the development review committee or zoning and planning board. The board of adjustment may or may not incorporate the recommendations from the development review committee or zoning and planning board in its decision regarding the special use permit application.
(c) Hearing. Upon receipt of a complete application for a special use permit, the zoning administrator shall assign the application a hearing before the board of adjustment. Hearing shall be quasi-judicial and shall be noticed and conducted in accordance with the provisions of section 36-184. A decision by the board of adjustment shall be made within 45 days of the date the hearing ends.
(d) Issuance of special use permit. The board of adjustment shall grant and issue the special use permit if and only if it finds the following:
(1) Application. The application is complete, and the applicant has demonstrated the proposed use complies with all applicable standards of these zoning regulations, including any special requirements in section 36-72.
(2) Public safety. The proposed use will not materially endanger the public safety, if located and developed according to the application as submitted; and satisfactory provision and arrangement has been made for at least the following, where applicable:
a. Automotive ingress and egress.
b. Traffic flow.
c. Traffic control.
d. Pedestrian and bicycle ways.
e. Lake use (water vessels, watersports, swimming activities, etc.).
f. Fire suppression.
(3) Public health. The proposed use will not materially endanger the public health, if located and developed according to the application as submitted; and satisfactory provision and arrangement has been made for at least the following, where applicable:
a. Water supply.
b. Water distribution.
c. Sewer collection.
d. Sewer treatment.
(4) Protection of property values. The proposed use will not substantially injure the value of adjoining or abutting property, if developed according to the application as submitted; and satisfactory provision and arrangement has been made for at least the following, where applicable:
a. Lighting.
b. Noise.
c. Odor.
d. Landscaping.
(5) Standards and requirements. The proposed use will meet all standards and requirements specified in the regulations, if located and developed according to the application as submitted; and satisfactory provision and arrangement has been made for at least the following, where applicable:
a. Parking spaces.
b. Loading zones.
c. Sign design.
d. Street design.
(6) Comprehensive plan and neighborhood character compatibility. The location and character of the proposed use and structures will be in harmony with the neighborhood character and in general conformity with the applicable elements of the land use plan and other officially adopted plans of the town, if developed according to the application as submitted; and satisfactory provision and arrangement has been made for at least the following, where applicable:
a. Site layout and treatment.
b. Building design.
c. Relationship of buildings to site.
d. Harmony of buildings and uses with neighborhood character.
(e) Conditions. In addition to any other requirements provided by these regulations, the board of adjustment may, in issuing a special use permit, designate additional conditions and requirements in connection with the application as will, in its opinion, assure that the use in its proposed location will be in harmony with the area in which it is proposed to be located and with the spirit of the regulations. All additional conditions shall be entered in the minutes of the meeting at which the permit is granted and also on the ruling issued by the board. All conditions so imposed shall run with the land and shall be binding upon the original applicant, as well as the applicant's heirs, successors, or assigns, during the continuation of the use specially permitted.
(f) Expiration of permit. A special use permit issued in accordance with this article shall expire if a certificate of zoning compliance for such use is not obtained by the applicant within six months from the date of the decision. If, after commencing work under a special use permit and prior to completion of the entire project, work is discontinued for a period of 12 months, the special use permit shall become void, and no work may be performed until a new special permit has been issued. If, after issuance of a certificate of zoning compliance for a special use, and that use is discontinued for a period of 12 months, the special use becomes void, and the use may not be re- established until a new special use permit has been issued. When a special permit expires, the board of adjustment shall treat re-application for a new special use permit in the same manner as any other application, and the provisions of the regulations currently in effect shall be applicable. The permit will be provided in writing or electronic form. If electronic form is used it will be protected from further editing.
(g) Construction schedule departure. All construction approved pursuant to a special use permit shall be completed in accordance with the construction schedule submitted and approved by the board of adjustment. In the event that a significant departure from the construction schedule occurs during a project, the applicant may appear before the board and request an amendment to the special use permit. The board may extend the construction schedule only upon finding that delays in construction have been caused by, or are expected to be caused by, circumstances beyond the control of the applicant. Unless the construction is extended by amendment of the special use permit, failure to complete construction within the approved time shall be considered a violation of the special use permit.
(h) Voidance of permit. In the event of failure to comply strictly with the plans, documents, and other assurances submitted and approved with the application, or in the event of failure to comply with any conditions imposed upon the special use permit as provided in subsection (d) of this section, the permit shall immediately become void.
(i) Periodic inspections. The zoning administrator shall make periodic inspections during construction as well as a final inspection after construction is complete to determine whether the conditions imposed and agreements made in the issuance of the permit have been met as well as whether all other requirements of this chapter have been met. The zoning administrator shall report his findings to the board of adjustment. If, at any time after a special use permit has been issued, the board of adjustment determines that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a special use permit, the permit shall be terminated and the operation of such use discontinued. If a special permit is terminated for any reason, it may be reinstated only after reapplying for a special permit. The board of adjustment shall treat re-applications for a new special use permit in the same manner as any other application, and the provisions of the regulations currently in effect shall be applicable.
(Code 1989, § 92.046; Ord. of 11-15-2005; Ord. of 10-9-2012; Ord. No. 21-05-11, 5-11-2021)