(A) The special uses, as specified in the various districts, may be established only after approval by the Town Board.
(B) The Town Board or Board of Adjustment (for issues involving nonconforming situations), shall hold an evidentiary hearing using quasi-judicial procedures on the application for a special use permit in accordance with the procedures of § 154.279 herein.
(C) Town Board. The Board shall approve, modify, or deny the application for special use permit following the evidentiary hearing. In granting a special use permit, the Board, with due regard to the nature and state of all adjacent structures and uses, the district within which same is located, shall make written findings that the following are fulfilled:
(1) The use requested is listed among the special uses in the district for which application is made; or is similar in character to those listed in that district;
(2) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor adversely affect the safety, health, morals, or welfare of the community or of the immediate neighbors of the property;
(3) The requested use is essential or desirable to the public convenience or welfare;
(4) The requested use will be in conformity with the Land Use Plan;
(5) Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided;
(6) The adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
(7) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999