(A) The applicant shall submit the appropriate appeal for administration review or for a variance, or an application for a special or conditional use permit accompanied by a site plan prepared in accordance with § 152.177 in the number of copies established by and along with any other information required by the Zoning Administrator for proper review of the application. The Board of Adjustment or Town Board of Commissioners for special uses shall cause a public hearing to be held on the application, and shall give due notice of the hearing to the parties involved.
(B) In the case of a special use permit application or a mobile home park, the Planning Board shall be given 30 days to review the application before the hearing. The hearing shall not be held until a Planning Board recommendation has been received or 30 days have elapsed. The Planning Board shall give due notice to the applicant of any meetings at which the application will be considered.
(C) The hearing shall be conducted in accordance with the general law and court decisions of the state. More specifically, any interested party must be given the opportunity to present evidence or testimony, to cross-examine witnesses, to inspect documents, and to offer evidence or testimony in explanation or rebuttal. Findings shall be based on substantial evidence or testimony which is competent, relevant and material. Findings as to the existence or nonexistence of crucial facts shall be based on sworn evidence or testimony unless the party or parties before the Board stipulate the facts or waive this requirement. Although a four-fifths majority is necessary for the Board of Adjustment to grant a permit, the Town Board does not have to meet this requirement in issuing special use permits. The Administrator/Clerk of the Board of Adjustment shall keep minutes of the proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact.
(D) A fee in accordance with the town’s fee schedule shall be paid for each application, for an administrative review, for variance or special or conditional use permit not initiated by an officer or agency of the town, to cover costs of advertising and other administrative expenses involved. No application will be processed until the above fee has been paid.
(1992 Code, § 152.142) (Ord. passed 11- -1988)