(A) Compliance with other codes. Granting of a special use permit does not exempt an applicant from complying with all of the requirements of building codes and other ordinances.
(B) Revocation. In any case where the conditions of a special use permit have not been or are not being complied with, the Town Administrator or designees may utilize the remedies outlined in § 154.999 herein.
(C) Expiration. A special use permit shall expire one year after the date of issuance if the work authorized by the approval has not been substantially commenced. If after commencement the work or activity allowed under a special use permit is discontinued for a period of 12 months after commencement, the special use permit shall immediately expire. No work or activity authorized by a special use permit that has expired shall thereafter be performed until a new development approval has been secured.
(D) Duration of conditional use. Any conditions imposed on a special use authorized and exercised shall be perpetually binding upon the property unless expressly limited by the special use permit or subsequently changed or amended by the Board after a public hearing.
(E) Conditions and guarantees. Prior to the granting of any special use, the Board may stipulate any conditions and restrictions upon the establishment, location, reconstruction, maintenance, and operation of special use as it deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this chapter. In all cases in which special uses are granted, the Board shall require the evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
(1) The conditions may include a time limitation.
(2) Conditions may be imposed which require that one or more things be done before the use requested can be initiated. For example, “that a solid board fence be erected around the site to a height of six feet before the use requested is initiated.”
(3) Conditions of a continuing nature may be imposed. For example, “exterior loud speakers shall not be used between hours of 10:00 p.m. and 9:00 a.m.”
(F) Modification. If a proposed modification deviates from a special use permit, the applicant should seek an amendment of the special use permit in accordance with § 154.177 herein.
(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