(A)
An application for a special use permit shall be submitted to the Board of Aldermen by filing a copy of the application with the Zoning Administrator in the Planning and Inspections Department.
(B) The Board of Aldermen shall conduct an evidentiary hearing on the application using the quasi-judicial procedures set forth in this chapter.
(C) The burden of presenting a complete application to the Board of Aldermen shall be upon the applicant. However, unless the Board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete.
(D) Subject to division (E) below, the Board of Aldermen shall issue the special use permit upon finding that:
(1) The requested permit is within its jurisdiction according to the table of permissible uses;
(2) The application is complete;
(3) If completed as proposed in the application, the development will comply with all of the requirements of this chapter;
(4) The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted;
(5) The use will not substantially reduce the value of adjoining or abutting property, or that the use is a public necessity; and
(6) The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the town.
(E) The Board shall then grant a special use permit with the concurring vote of four-fifths of the members if all of the requirements of division (D) above have been met; and shall deny the permit if any of the requirements of division (D) above have not been met.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)