The special use permit provision of this title permits additional uses to be instituted in each zone when proper conditions exist which will permit such use to be in harmony with existing and proposed land use. If the proposed use is not listed as an allowed special use within the zoning district where the property is located, the presumption shall be that the special use permit will not be granted. Planned unit developments, however, are permitted as a special use in any zone. If a special use permit is granted by the town board, such permit must be posted in a conspicuous place of such premise.

(Ord. 198 (part), 1998: Ord. 104 Art. 8 §1, 1982)

An application for a special use must be filed with the town board and applicable filing fees paid. The application shall contain the following information:

A.

Name and address of applicant;

B.

A description and site plan of the property. The site plan shall show the boundary of the property, proposed buildings, parking, landscaping and signing concepts, streets and other facilities to be developed. The plan shall be drawn to reasonable scale for easy interpretation;

C.

A legal description of the property in question;

D.

Topographic information shall be provided when drainage may affect the site development plan;

E.

A time schedule of construction;

F.

Such additional information as may be requested by the town board to properly review and render a decision on the application;

G.

Existing zoning classification.

(Ord. 198 (part), 1998; Ord. 104 Art. 8, §2, 1982)

If the town board approves consideration of proposed special use permit, a public hearing on the matter will be held. No later than sixty days after the town board's preliminary approval, the town board shall act to either approve or deny the proposed special use permit. Within five days after the decision by the town board, the applicant shall be notified of the approval or denial of the requested special use permit. If denied, reasons for the denial shall be explained.

(Ord. 198 (part), 1998: Ord. 104 Art. 8 §3, 1982)

A.

The town board cannot reconsider the request without another notice and hearing.

B.

In the event that the proposed special use permit is denied by the town board, no new request for the same or substantially same special use shall be accepted for a period of six months from the date of such denial.

(Ord. 104 Art. 8 §4, 1982)

A.

Every special use permit granted under the provisions of these regulations shall expire by limitation and become null and void if the use authorized by such permit is not commenced within one year from the date of such permit or if the construction, work or new use of land or building(s) authorized by such permit is suspended or abandoned at any time after such is commenced for a period of one year. Before such use can be recommenced, a new permit shall be first obtained.

B.

Every special use granted upon condition shall be revoked and become null and void upon failure of the applicant to meet the stated conditions for approval. Such con-tinued failure shall be considered a violation of this title and shall be subject to the penalties specified elsewhere in this title.

C.

Every special use granted for a limited period of time shall expire upon the expiration of the completed time, except that renewal may be obtained if allowable.

(Ord. 104 Art. 8 §5, 1982)