§ 156.104  PROCEDURE.
   (A)   After legal publication and due notice, the Plan Commission shall hold a public hearing. In its consideration, the Plan Commission will attempt to determine if the special use is necessary for public convenience at the specific location requested; if it is so designed, located and proposed to be operated in a manner to protect the public health, safety and general welfare of the neighborhood; and further to determine that the special use will not have substantial negative impact on other property in the surrounding area.
   (B)   After said public hearing, the Plan Commission shall submit its report and recommendations to the Town Council. Such recommendations by the Plan Commission shall be advisory only, and shall not be binding on the Town Council. The Commission may recommend, and the Town Council may impose such conditions and restrictions as may be deemed necessary to promote the general objectives of this chapter and of the Comprehensive Plan for the Town.
   (C)   The Town Council shall schedule a public hearing on the application after receiving the report and recommendation of the Plan Commission. A special use shall not be granted by the Town Council unless the special use shall:
      (1)   Be deemed necessary for the public convenience in that specific location;
      (2)   Be so designed, located and proposed to be operated in such a manner that the public health, safety and general welfare will be protected; and
      (3)   Be of a nature that will not cause substantial negative impact on other property in the neighborhood in which it is to be located.
(Ord. 9-80, passed 12-15-1980)