The intent of this Article is to require a public hearing for special land uses in order to determine if the use has the potential to adversely affect other land uses, transportation systems, public facilities or the like in the surrounding neighborhood, thereby ensuring that uses by special review will not harm the health, safety and welfare of the Town and its residents. The Board of Trustees may maintain the intent of this Chapter.

(Ord. No. 07-2009, Art. XII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

All uses and special uses are listed within each zoning district. If a use is proposed that is not defined within this Chapter and does not reasonably fall within the definition of any defined use in this Chapter, the property owner may apply for a use by special review in accordance with this Chapter.

(b)

The following criteria shall be used to evaluate use by special review requests:

(1)

The proposed use is found to cause no harm to the health, safety or welfare of the Town or its residents. Reasonable conditions may be placed on uses by special review to protect the health, safety and welfare of the community and to mitigate possible impacts.

(2)

The proposed use would benefit the Town in terms of employment, tax revenue or other similar effects, as compared to the absence of the proposed use.

(3)

The location, size, design and operating characteristics of the proposed use shall be compatible with the existing use within the general area in which the proposed use is to be located, and the proposed use will not create significant noise, smoke, fumes, unsightly conditions, traffic or other conditions that may be objectionable or detrimental to the existing uses in the vicinity.

(4)

The site shall be physically suitable for the type and intensity of the proposed land use.

(5)

The proposed land use shall not adversely affect traffic flow and parking in the neighborhood.

(6)

The proposed use shall not cause an overconcentration of such use.

(Ord. No. 07-2009, Art. XII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

The following procedure shall be followed by the applicant for a special use permit.

(1)

A petition in the form prescribed by the Town shall be filed with the Town Clerk and shall be accompanied by a letter explaining why the use should be permitted. The petition shall be signed by the owner of the property.

(2)

Town Staff will prepare comments for use by the Board of Trustees, addressing all aspects concerning the special permit, its conformance with sound land use planning practices, the standards contained in this Chapter and other such matters as Town Staff considers material to the determination of the application.

(3)

The Board of Trustees shall hold a public hearing and consider the application at a regular or special meeting within 30 days of receipt of a completed application. The Board of Trustees shall approve, approve with conditions or disapprove the special use request. Approval of the request shall be made by resolution, which shall be recorded at the office of the County Clerk and Recorder. Approval and any conditions of the approval shall run with the land, shall apply to subsequent owners of the property unless otherwise set forth in the resolution and shall not be transferable to any other property. In appropriate circumstances, the Board of Trustees may limit the use by special review to the current applicant or to a term of a specific number of years.

(4)

The public hearing before the Board of Trustees shall be held only after public notice as set forth in Section 16-11-70 of this Code.

(Ord. No. 07-2009, Art. XII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

If, at any time, the owner or tenant of a property who has received a special use permit fails to comply with any condition of approval, the application or testimony of the applicant is found to have been false or misleading, the use differs from that which was approved, or the use causes legitimate complaints from others in the area of the use, the Board of Trustees may review the special use approval and may, after an opportunity for hearing, revoke such approval by resolution.

(Ord. No. 07-2009, Art. XII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Unless otherwise stated in the approving resolution, all special permits not exercised within six months from the date of the resolution shall become null and void.

(b)

Approval of any special use that is discontinued for three or more consecutive months shall become null and void, and such use shall not be allowed to recommence without again obtaining special use approval unless otherwise stated in the approving resolution.

(Ord. No. 07-2009, Art. XII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

Each application for a special use permit shall be accompanied at the time of filing by a fee as set forth in the Town's Fee Schedule. The applicant shall also pay the cost of publication and notification of the public hearings in accordance with the Town's Fee Schedule.

(Ord. No. 07-2009, Art. XII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)