(A) Applications. All applications for a special use permit shall accompany or precede the application for a zoning certificate or a certificate of compliance, and shall be addressed and submitted to the Zoning Board of Adjustment through the office of the Zoning Administrator. Application for a special use permit may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for a special use permit as is authorized by the easement. Approval of a special use permit runs with the land. Applications for a special use permit shall be made on the proper form obtainable from the Zoning Administrator and shall include the following information:
(1) A site plan, drawn to a scale of at least one inch to 40 feet (1 inch = 40 feet), indicating the property lines of the parcel upon which the use is proposed; the identity of neighboring properties; any adjacent streets, designated as public or private; any existing or proposed structures, rights-of-way and property lines; parking areas showing the number and arrangement of parking spaces and driveway entrances; utilities; surface water drainage; and significant natural features, such as wooded areas, streams or ponds. The site plan shall be neatly drawn and indicate a north point, name and address of the person who prepared the plan, date of the original drawing and an accurate record of any later revisions.
(2) A floor plan indicating the dimensions of the building, gross floor space and any other applicable information.
(3) A complete and detailed description of the proposed use, together with any other pertinent information which the applicant feels would be helpful to the Zoning Board of Adjustment in considering the application.
(4) A plan showing the size, type and location of all signs.
(B) Waiver. Some of these requirements may be waived, such as for changes of use in existing buildings involving no expansions in building or parking areas and the like.
(C) Hearing and voting. Upon receipt of an application for a special use permit, the Zoning Board of Adjustment shall call a public hearing and shall give notice. Provided in § 153.100(B). When deciding special use permits, the Board shall follow quasi-judicial procedures. For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the requisite majority.
(D) Requirements. The Zoning Board of Adjustment shall hear and decide the special use permit by a majority vote if it finds the following:
(1) The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
(2) The use meets all required conditions and specifications;
(3) The use will not substantially injure the value of adjoining or abutting property or, in the alternative, the use is a public necessity; and
(4) The location and character of the proposed use will be in harmony with the area in which it is to be located and in general conformity with the development of the town and its environs.
(E) Denials. If any one of the above conditions is not met, the Zoning Board of Adjustment shall deny the application.
(F) Written ruling. Within seven days after making a decision to either grant or deny the special use permit, the Zoning Board of Adjustment shall provide written notice of its decision in accordance with § 153.100(G).
(G) Additional conditions as to use. In addition to any other requirements provided by this chapter, reasonable and appropriate conditions may be imposed upon these permits by the Zoning Board of Adjustment. All additional conditions shall be entered in the minutes of the meeting at which the permit is granted, on the certificate of the special use permit and on the plans submitted therewith. 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 conditionally permitted. The town shall obtain the permit applicant's or landowner's written consent to any such conditions related to a special use permit to ensure enforceability.
(H) Sanctions. In the event of failure to comply with the plans, documents and other assurances submitted and approved with the application or with any conditions placed in the special use permit, the permit shall thereupon immediately become void. No zoning certificate for further construction or certificate of compliance under the special use permit shall be issued, and all improvements to the land which were the subject of the application shall be regarded as non-conforming and shall be subject to the sanctions provided in § 153.999.
(I) Expiration of special use permits. Special use permits shall expire if a zoning certificate or certificate of compliance for such use is not applied for by the applicant within six months from the date of the decision. If work is discontinued for a period of 12 months prior to completion of the entire project, the special use permit shall become void and no work may be performed until a new special use permit has been issued. If after final approval, the use is discontinued for a period of 12 consecutive months, the special use permit shall become void and the use may not be re-established until a new special use permit has been issued. When a special use permit expires, the Zoning Board of Adjustment shall treat re-application for a new special use permit in the same manner as any other application, and the provisions currently in effect shall apply.
(Ord. passed 4-1993; Am. Ord. passed 9-4-2007; Am. Ord. passed 6-2-2014; Am. Ord. passed 6-7-2021)