(A)

A use that is not allowed as a matter of right or without restriction in a zone district may be authorized by special use permit granted by the Board of Trustees. Only uses identified as a special use within a particular zone district may be approved.

(B)

Special use permits may or may not run with the land and shall be issued subject to safeguards, terms and conditions as deemed necessary and appropriate by the Board of Trustees to protect and preserve the intent and purposes of the zone district regulations. Violations of the terms and conditions imposed on a special use permit shall be deemed violations of this Section and shall be punishable as set forth in the general penalty provisions of this Code.

(Ord. 2015-3, §1, 1-4-2016)

(A)

In addition to the common submittal requirements in Article III, the following submittal items are required.

1.

Statement about the purpose and description of proposed special use.

2.

A site plan prepared in conformance with Section 16-3-40.

3.

Identification of utilities, with reference to location, availability including letters from utility providers indicating a willingness and ability to serve

4.

Screening and buffering, with reference to type, dimensions and character

5.

Location of all existing and proposed buildings, utilities and other improvements on the property. A building envelope may be shown for proposed buildings to allow minor adjustments.

6.

Location and number of parking spaces for off-street parking and loading areas and finished surface material of the parking areas.

7.

Traffic circulation plan showing the direction of traffic flows and indicating entries and exits of parking lots and the relationships of parking to buildings entrances and exits if any.

8.

Location of service and refuse collection areas.

9.

Any proposed screening and buffering, including type, dimensions and character in conformance with Article XI.

10.

Location of any signs indicating the size, shape and height of each.

11.

Location and type of outdoor lighting in conformance with Article XII.

12.

Location of existing and proposed fences.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Applications for a special use permit (with appropriate copies and supporting materials) shall be submitted to the Town Clerk on forms provided therefor. A reasonable fee shall be charged for each application, excluding applications for child day care homes and family child care homes, and a site plan and/or other drawing and information may be required as part of the application. Actual costs for professional planning, engineering, legal and/or other consulting services incurred by the Town in reviewing an application shall be paid by the applicant.

(B)

All applications for a special use permit shall be initially reviewed by Town staff for completeness and recommendation and then referred to the Board of Trustees for review at a public hearing. The applicant shall be notified in advance of the time and place of the public hearing and shall be allowed to attend and participate therein. The Board of Trustees shall hold a public hearing on each application for a special use permit.

(C)

The Board of Trustees after conducting the public hearing shall, by resolution, approve, deny or conditionally approval the application.

(D)

Special use permits may be granted by the Board of Trustees only after finding that the proposed special use will not adversely impact the neighborhood or the public safety and welfare. In determining whether to grant a permit, the Board of Trustees shall consider, as applicable, the following factors:

1.

Ingress and egress to the property and proposed structures with particular reference to automotive and pedestrian safety, convenience, traffic flow and control, and access in case of fire or catastrophe;

2.

The need and/or adequacy of off-street parking and loading areas and the economic, noise, glare or odor effects of the special use on adjoining properties and the neighborhood generally;

3.

Refuse and service areas;

4.

Utilities, with reference to location, availability and compatibility;

5.

Screening and buffering, with reference to type, dimensions and character;

6.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility and harmony with properties in the neighborhood;

7.

Required yards and other open spaces; and

8.

General compatibility with adjacent property and other property in the neighborhood.

(Ord. 2015-3, §1, 1-4-2016)

(A)

A special use permit in and of itself shall not constitute a site specific development plan for purposes of vesting a property right; however, a special use permit may be incorporated into a site specific development plan as part of a larger or different land use approval. Unless substantially acted upon within one (1) year from the date of approval as illustrated by actual construction or other objectively measurable development activity, or such shorter time period as specified by the Board of Trustees, the permit shall expire and become void.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Notice of the public hearing shall be made in conformance with Article IV of this Chapter.

(B)

Notice by mail to persons other than an applicant as specified in this Section is provided for purposes of convenience only and a failure by any person other than an applicant to have received a mailed notice shall not constitute grounds to delay or deny an application, or a meeting or hearing on an application, so long as the other types of notice required by this Section were timely and properly provided.

(C)

For purposes of this Section, the names and addresses of the owners of properties abutting the property that is the subject of a hearing shall be those as listed in the most recent real property tax records for the County as of the date the subject application was filed with the Town.

(D)

The accurate and timely noticing of the application required in this Chapter shall be performed by the applicant under the guidance of the Town Clerk. The applicant shall be responsible for complying with all public notice requirements and associated costs.

(E)

At least one (1) copy of the special use application and all supporting documentation supplied by the applicant, inclusive of any maps and design plans, shall be made available at the applicant's expense for public inspection at Town Hall during regular business hours not less than ten (10) days prior to any noticed public hearing on the application.

(Ord. 2015-3, §1, 1-4-2016)

An application for a special use that has been previously denied may not be submitted or resubmitted for a period of one (1) year from the date of the previous denial unless the application has been substantially changed and/or the reasons for the previous denial have been satisfactorily and fully addressed.

(Ord. 2015-3, §1, 1-4-2016)