(A) The Town Board may authorize, as a special use, a use which involves a modification of any of the standards of the Zoning Code to the extent necessary to accommodate an accidental good-faith violation of the Zoning Code involving a mistake by a town official or employee. The normal procedures and conditions for special use permits contained in the Zoning Code shall not apply to this type of special use. Instead, the Town Board shall hold a hearing in accordance with state law. In order for a special use permit to be granted, all of the following findings must be made:
(1) One or more provisions of the Zoning Code have already been violated;
(2) A mistake in interpretation of the Zoning Code or in the process of an inspection by a town official or employee was made which led to the violation or substantially contributed to the extent of the violation;
(3) The violation was accidental and made in good faith by the town official; and
(4) Correction of the violation would result in substantial expenditures by the applicant, or the violation is minor in nature compared to the expenditure which would be needed to correct the violation.
(B) In granting the special use permit, the Board of Commissioners may impose reasonable conditions to protect the interests of the town and the surrounding area.
(1992 Code, § 152.167) (Ord. passed 11- -1988)