B. Evidentiary Hearing. The Board of Appeals shall receive evidence and sworn testimony on behalf of the applicant and any other interested persons, in the manner provided by rules of the Board. For purposes of this subsection, interested persons shall include any person who is entitled to receive mail notice pursuant to subsection C of Section 17.56.040 and any person entitled to submit a written protest pursuant to Section 17.56.050. The Board of Appeals shall have the authority to require that the applicant submit such additional plans and data as the Board of Appeals may determine are necessary to establish that the application meets and complies with all applicable provisions of the Zoning Ordinance.
C. Findings and Recommendation. Within thirty (30) days following the close of the public hearing, the Board of Appeals shall forward a written copy of its findings of fact, minutes, and recommendation to the Village Council. The recommendation shall be consistent with the purpose and intent of this title and shall specify, in a conclusion or statement, any stipulations, restrictions or conditions, including but not limited to the operation of the special use, which the Board deems necessary to assure compliance with this title and the protection of the public health, safety, comfort, morals or welfare. The Board of Appeals shall not recommend that a special use be approved unless the Board finds that the proposed special use conforms to the standards set forth both in this chapter and, if any, in the district regulations.
D. Administrative Guidelines. The Board of Appeals, in the exercise of its authority to establish appropriate rules and procedures, may adopt administrative guidelines pertaining to the design and operation of one or more special use types. If adopted, such guidelines shall not be construed as requirements to be met in order to obtain a special use permit but rather shall serve as an aid to the Board of Appeals in determining whether the standards set forth in this chapter and, if any, in the district regulations have been met by a particular special use within the particular context in which it is proposed.
E. Applications for WTSF. Any recommendation of the Board that an application for a special use for a WTSF be denied or be subject to certain conditions, shall be supported by specific findings of fact, consistent with the guidelines, requirements and considerations established in Chapter 17.52, upon which the negative recommendation is based. No such recommendation shall be based on environmental concerns related to electronic emissions from a WTSF.
(MC-2-2019, Amended, 04/25/2019; MC-9-2010, Added, 01/4/2011; MC-3-2015, Amended, 04/9/2015)