(A) When a Major Special Use Permit is required by the terms of this chapter, application for such a permit
accompany the application for a zoning compliance permit. The
review the application for completeness and request
schedule an evidentiary hearing to consider the application.
(B) A notice of the evidentiary hearing
be given once a week for 2 successive calendar weeks in a newspaper published in the
as provided in § 154.182.
(C) The applicant
identify all adjacent
, whom the
will notify by USPS certified mail with no return receipt service of the major special use application. The
shall post the
with a hearing notice, per § 154.182. The Mills River Town Council
establish and maintain a fee schedule to recover costs of legal notices, posting the
and notifying the adjacent
. These fees
be paid by the applicant before a special use permit is considered.
(D) General site standards. All uses requiring a
must meet the general site standards listed below. In evaluating whether the general site standards have been met, the Mills River Town Council
consider the type and size of the
, size of the
and other relevant factors. The applicant will not bear the burden of proving that all of the general site standards as listed below have been met. The applicant will, however, be required to produce evidence sufficient to rebut any evidence presented that the general site standards would not be met or that a condition is necessary.
(1) The
general site standards
apply to all uses requiring a
:
(a) Establishments requiring a
not be located or developed in such a manner as to adversely affect the health or safety of the
residing or working in the
of the proposed use and will not be detrimental to the public welfare or injurious to
or public improvements in the
.
(b) Establishments requiring a
be located or developed in such a manner as to minimize the effects of noise, glare, dust, solar access and odor on those
residing or working in the
of the proposed use and the
and public improvements in the
.
(c) Establishments requiring a
not be located or developed in such a manner as to seriously worsen the traffic congestion so as to endanger the public safety.
(d) Establishments requiring a
be located or developed in such a manner as to comply with all applicable federal,
and local laws, rules and regulations.
(e) Establishments requiring a special use permit shall be located and developed in such a manner as to be consistent with any approved Town Transportation Plans, Official Thoroughfare Plans, and Town Bicycle and Pedestrian Plans.
(f) Establishments requiring a
be located and developed in such a manner as to minimize the environmental impacts on the
including the
: groundwater, surface water, wetlands, endangered and threatened species, archeological sites, historical preservation sites and
.
(2) In the event that the Mills River Town Council determines that a proposed use is contrary to one (1) or more of the general site standards, then the
impose a condition on the issuance of the
when the condition will avoid a violation of the general site standards. The condition imposed
be an increase in any minimum specific site standards stated for the regulated use. The imposition of a condition
only be based on evidence presented at the hearing that the general site standards would not be met without the imposition of the condition. The
must make specific findings of fact based upon the evidence presented prior to the imposition of the condition.
(E) If at any time after a
has been issued for any
, the Mills River Town Council finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a
, the
be terminated immediately and the operation of the use discontinued.
(F) If a
is terminated for any reason, it
be reinstated upon application as in the case of a new matter.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00052, passed 6-26-2008; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-02, passed 2-22-2024)