(a)

All requests for approval of a conditional use or a change in a nonconforming use, or other action which is required to be reviewed pursuant to this section by this chapter or other town ordinances, shall be reviewed by the planning commission, board of adjustment, or board of trustees, as provided in these regulations.

(b)

The applicant requesting approval of a conditional use, change in a nonconforming use, or other action required to be reviewed pursuant to this section shall submit an application upon forms supplied by the town accompanied by any other required information or information which he may desire to submit. A single application may contain a request for more than one action. Regardless of how many actions are requested, the application shall be accompanied by an application fee as set out in the town fee schedule. No formal application need be submitted or fee paid for action initiated by the town or planning commission.

(c)

A hearing shall be set before the appropriate board after receipt by the town of a properly completed application form and all other required information.

(d)

Notice of the hearing shall be posted at town hall ten days before the hearing, in addition to any other notice required by town regulations.

(e)

At the hearing scheduled, the applicant and other interested parties may appear and present such evidence and testimony as they may desire. Anyone presenting evidence or testimony shall be subject to cross-examination by other interested parties, although the reviewing board may limit testimony, evidence, and cross-examination which is merely cumulative and is not required to follow any set procedure during the hearing, nor to strictly follow the rules of evidence as applied by the courts. The hearing may be tape recorded or otherwise electronically recorded. The applicant or other interested party may, if he desires, have the hearing recorded by the court reporter, at his expense. The hearing may be continued from time to time as necessary. The burden is upon the applicant in all cases to establish that all applicable criteria for any action are met, including proper notice.

(1)

The reviewing board shall announce its decision within 20 days of the completion of the hearing. It shall not be necessary for the reviewing board to provide written findings or conclusions, except upon the request of the applicant, or other party appearing or participating in the hearing.

(2)

The decision of the planning commission concerning conditional uses or changes in nonconforming uses shall be submitted to the board of trustees as a recommendation. The board of trustees may either ratify the recommendation without a hearing, or it may review the matter de novo pursuant to procedures of this section, and enter the decision thereafter.

(f)

The reviewing board may approve the requested action only upon finding that all applicable criteria and requirements of this chapter or other town ordinances have been met. If it determines that such criteria have not been met, the application shall be denied. The application may be granted upon conditions or limitations which the reviewing board determines are necessary in order to ensure that the applicable criteria are met, if the applicant or other necessary parties consent to compliance with such conditions or limitations. Such conditions or limitations shall be provided to the applicant and interested parties, in writing, as part of the decision.

(Ord. No. 1988-1, § 1(15.8-20), 7-13-1988)