(A) Major Special Uses; conditions governing application. The Mills River Town Council have the power to grant, in particular cases and subject to appropriate conditions and safeguards, for Major Special Uses as authorized by this chapter and set forth as under the various use districts.
(1) The Mills River Town Council
not grant a
unless and until:
(a) A
application for a
is submitted, indicating the section of this chapter under which the
is sought.
(b) An evidentiary hearing is held. Notice of the hearing
be given per § 154.182.
(2) If the Mills River
finds that in the particular case in question the use will meet all of the required general standards (see § 154.138) and the applicable specific site standards or site conditions, a
be granted. In granting such a
, the Mills River Town Council
designate the conditions in connection therewith as will, in its opinion, assure that the proposed use will conform to the requirements and spirit of this chapter.
(3) If at any time after a
has been issued 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 and the operation of the use discontinued. If a
is terminated for any reason, it
be reinstated only after an evidentiary hearing is held.
(4) The
ask for the submission of any additional information or evidence relevant to the determination of whether the proposed special use meets the applicable requirements of this chapter.
(5) Before any
is issued, the Mills River Town Council
make
findings certifying compliance with the specific rules governing the individual
and that satisfactory provision and arrangement has been made concerning the
where applicable:
(a) Satisfactory ingress and egress to
and proposed
thereon with particular reference to automotive/pedestrian safety and convenience and traffic flow and control.
(b) Provision of off-
parking and loading areas where required, with particular attention to ingress, egress, traffic flow, and the economic, noise, glare and odor effects of the special use on adjoining properties in the area.
(c) Utilities with reference to locations, availability and capability.
(d) Buffering with reference to type, location and dimensions.
(e) Playgrounds, open spaces,
, access ways and pedestrian ways with reference to location, size and suitability.
(f)
and
with reference to location, size and use.
(B) Variances. The
be authorized, upon application, to approve variations or modifications of any regulation or provisions of this chapter for any
so that the spirit of this chapter is observed, public safety and welfare secured and substantial justice done; however, the
not
a use of land,
or
which is not allowed in the district involved.
(1) The
issue a variance only on the basis of affirmative findings of fact for all of the following criteria:
(a) There are practical difficulties or unnecessary hardships in carrying out the strict letter of this chapter, as demonstrated by the following:
1. If the applicant complies with the literal terms of this chapter, he or she cannot secure a reasonable return from, or make a reasonable use of, his or her
.
2. The hardship of which the applicant complains results from unique circumstances related to the applicant’s land.
3. The hardship is not the result of the applicant’s own action.
(b) The variance is in harmony with the general purpose and intent of this chapter and will preserve its spirit.
(c) The variance will secure the public safety and welfare and will do substantial justice.
(2) The existence of a nonconforming use of neighboring land, buildings or structures in the same district or permitted or nonconforming uses in other districts
not constitute a reason for the requested variance.
(3) A notice that describes the variance requested,
location and time and place of the hearing
be published in a newspaper and posted on the
, per § 154.182.
(C) The Mills River Town Council
establish and maintain a fee schedule to recover costs of legal notices, posting the
and notifying adjacent
. These fees
be paid by the applicant before a special use permit is issued. Additionally, the applicant
be required to pay the cost of any special experts or studies which the
and the applicant agree are necessary to evaluate the application.
(D) The Mills River Town Council
have the authority to delegate the power to hear and grant, grant with conditions or deny an application for a Major Special Use Permit to the Zoning Board of Adjustment by resolution, where it determines that the Mills River Town Council cannot hear the application due to conflict of interest, bias, lack of a quorum or other similar reasons. In the event the Board of Adjustment
have all of the powers and duties of the Mills River Town Council as defined in § 154.180(A) above. In adopting such a resolution, the Mills River Town Council
state with specificity the reasons that it could not hear the application.
(E) Voting for special uses. The consideration of a special use permit is a quasi-judicial matter. The granting of a special use permit require the concurring vote of a majority of the . For purposes of this section, vacant positions on the and members who are disqualified from voting on quasi-judicial matters not be considered members of the for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00083, passed 10-10-2013; Am. Ord. 00094, passed 12-11-2014; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-02, passed 2-22-2024)