(a)

The town council shall have the power to grant or deny special exceptions, as provided for in this chapter. When an application for special exception is submitted to the town, such application shall be submitted to the town clerk. Upon determination by the town clerk that the application is complete, a public hearing shall be set forth as provided in this article.

(b)

The town council shall hear and decide special exceptions, decide such questions as are involved in determining if and when special exceptions should be granted, and grant special exceptions with appropriate conditions and safeguards or deny special exceptions when not in harmony with the purpose and intent of this chapter. In granting any special exception, the town council shall find that such grant will not adversely affect the public interest. In granting any special exception, the town council, in addition to the standards enumerated in this article may prescribe appropriate conditions and safeguards in conformity with this chapter. The town council may prescribe a reasonable time limit within which the action for which the special exception is required shall be completed.

(Ord. No. 225, § 2(10-75), (10-174B.), 2-8-90)

Prior to granting approval of a special exception, the town council shall ensure that:

(1)

Where appropriate, all structures shall be separated from adjacent and nearby uses by appropriate screening devices.

(2)

Excessive vehicular traffic is not generated in residential streets.

(3)

A vehicular parking or traffic problem is not created.

(4)

Appropriate drives, walks, and buffers are installed.

(5)

The proposed use will make a substantial contribution to the neighborhood environment and will not infringe on the rights of property owners in the vicinity of the excepted use.

(6)

The proposed use does not endanger, restrict, or impair public safety.

(Ord. No. 225, § 2(10-76), 2-8-90)

Notice requirements for public hearings on special exception applications before the town council shall be the same as those for zoning amendments, as specifically set forth in section 58-88(1). In granting special exceptions, the town council may prescribe reasonable conditions and safeguards as are appropriate under this chapter. A final determination shall be made by the town council on each application for special exception at the final public hearing and a written order shall be issued within ten days of the hearing date.

(Ord. No. 225, § 2(10-77), 2-8-90)

Violations of such conditions and safeguards as prescribed by the town council, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter, and the special exception shall be considered void. Special exceptions shall become void if a building permit is not issued by the town, and/or the work relating to the special exception is not completed, within six months of the date the special exception was granted, unless a shorter time limit is imposed pursuant to section 58-126(b) above. Before this six-month period has expired, the applicant may make a written request to the town council for an additional six months extension. The town council may grant up to three extensions of six months each provided the applicant makes application prior to the expiration of the pending six-month extension period and upon a showing of extraordinary circumstances that are beyond the control of the applicant. Any further extensions of time shall require a new application to be processed as a new petition. The town shall inspect the property which is the subject of the special exception on or before the time set for the pulling of the permit, and the completion of the work, including any extensions thereof, and at the time an application for extension is filed. The property owner shall pay an inspection fee as established by the town from time to time.

(Ord. No. 225, § 2(10-78), 2-8-90; Ord. No. 372, § 1(Exh. A), 3-12-09; Ord. No. 472, § 2(Exh. A), 7-25-19)