Because of their unique and potentially harmful characteristics, certain uses set forth in this chapter shall be located in a district or districts only upon consideration in each case of the impact of such use upon neighboring land and of the public need for such a use at the particular location. Such uses, hereby designated as special uses, fall into two (2) categories:

A.

Uses either municipally operated, or operated by regulated public utilities, or traditionally affected by a public interest; and

B.

Uses entirely private in character but of such nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. (Ord. 2008-03, 1-28-2008)

The town board may authorize, by ordinance (special use permit), the establishment, operation or construction of any special use as designated in each of the zoning districts. All of the other applicable provisions of this title, including the requirements and restrictions of the zoning district in which the proposed special use is to be located, shall be applicable to the establishment and maintenance of such special use unless the ordinance authorizing the establishment or construction of the particular special use expressly provides otherwise. Subject to the standards contained in this chapter, the town board shall have authority to permit special uses as designated in each of the zoning districts of land or structure, or both, provided it shall find that the proposed special use will comply with the standards contained in this chapter. (Ord. 2008-03, 1-28-2008)

A special use permit shall be granted only if evidence is presented to establish that:

A.

The proposed structure or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public and will contribute to the general welfare of the neighborhood or community;

B.

The proposed structure or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and

C.

The proposed structure or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.

D.

Such other standards and criteria as are established by the ordinance for a particular special use as set forth in section 9-10-4 of this chapter and as applied to planned developments as set forth in chapter 7 of this title. (Ord. 2008-03, 1-28-2008)

In addition to the standards and criteria established in section 9-10-3 of this chapter, no special use permit shall be granted for the use(s) listed below unless evidence is presented to establish the standards and criteria set forth herein.

A.

Reserved.

B.

Reserved. (Ord. 2008-03, 1-28-2008)

The plan commission may recommend and the town board may impose such conditions or restrictions upon the location, construction, design and operation of a special use, including, but not limited to, provisions for off street parking spaces and the duration of such permit, as they shall respectively find necessary or appropriate to secure compliance with the purpose and intent of this title and other standards set forth herein. (Ord. 2008-03, 1-28-2008)

A.

Authorization: The town board is authorized to issue a special use permit for those uses listed in section 9-3-7 of this title and for planned developments, subject to the standards set forth in chapter 7 of this title and such conditions as may be imposed pursuant to section 9-10-5 of this chapter. Prior to the issuance of any special use permit, a public hearing shall be held and published notice shall be given, in the manner prescribed in subsection 9-9-2.B.3 of this title.

B.

Application for Special Use: Any person having a proprietary interest in the premises may file an application for a special use with the zoning administrator. The application shall be in such number, in such form, and contain such information as the zoning administrator may prescribe from time to time. The zoning administrator shall process such application and a hearing shall be held in the manner prescribed for amendments by subsection 9-9-2.B of this title.

C.

Report of Hearing: Within thirty (30) days following the hearing, the plan commission shall transmit to the town board a written report giving its findings as to compliance of the proposed special use with the standards governing special uses and giving its recommendations for action to be taken by the town board.

D.

Action by Town Board: After receiving the recommendations and report of the plan commission, the town board shall, within thirty (30) days, review the recommendations and report and may accept the findings and recommendations of the plan commission in whole or in part or may reject them in whole or in part, or the town board may refer the matter back to the plan commission for further consideration. However, in the event the plan commission recommends against the issuance of a special use permit, then it may be issued only upon the favorable two-thirds (⅔) vote of all of the members of the town board. (Ord. 2008-03, 1-28-2008)

After a public hearing, no application for a special use which has been denied wholly or in part by the town board shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and town board. (Ord. 2008-03, 1-28-2008)

A.

Failure to Establish, Operate, or Construct a Special Use Permit: Unless the special use is established, constructed and/or operating within one year from the authorization date granting the special use, the special use permit shall expire, without further action by the board of trustees, with the exception that the expiration of a special use for a planned unit development granted in accordance with an annexation agreement or other enforceable agreement with the town shall be governed by the terms of the agreement concerning expiration, and shall not be subject to the requirement of this subsection. Upon written application, the town board may authorize a single extension of the time limit for a period not to exceed one year.

B.

Failure to Establish, Operate, or Construct a Special Use Permit for either a Solar Farm or Solar Garden: Unless the special use for either a solar farm or solar garden is established, constructed, and/or operating within three (3) years from the authorization date granting the special use, the special use permit shall expire, without further action by the board of trustees. Upon written application, the town board may authorize a single extension of the time limit for a period not to exceed one (1) year.

C.

Discontinuance or Abandonment of a Special Use Permit:

1.

Special Use Permits Granted Prior to December 31, 2007: All special use permits in existence on or before December 31, 2007, that have been discontinued or abandoned for one hundred eighty (180) consecutive days shall expire on December 31, 2008, without further action by the board of trustees, with the exception that the expiration of a special use for a planned unit development granted in accordance with an annexation agreement or other enforceable agreement with the town shall be governed by the terms of the agreement concerning expiration, and shall not be subject to the requirement of this subsection.

2.

Special Use Permits Granted on or After December 31, 2007: If any special use permit granted on or after December 31, 2007, is discontinued or abandoned for one hundred eighty (180) consecutive days the special use shall expire, without further action by the board of trustees, with the exception that the expiration of a special use for a planned unit development granted in accordance with an annexation agreement or other enforceable agreement with the town shall be governed by the terms of the agreement concerning expiration, and shall not be subject to the requirement of this subsection. (Ord. 2020-13, 6-22-2020, eff. 7-2-2020)