(A)

Applications for special exceptions and/or variances to the provisions of any of the regulations contained in this chapter shall be made by the fee simple title owner. The fee simple title owner may authorize a designee, agent or representative by power of attorney filed with the Town.

(B)

Applications for special exceptions or variances shall be accompanied by proper exhibits which shall be filed at least thirty (30) days prior to the date of the Town Commission meeting at which such request is proposed to be considered. All special exception and variance applications shall include plans, documents and other materials to adequately depict and support the request. All applications for a variance shall include a plot plan to scale which shall identify the following information: location of structure(s), lot size, setbacks, percent lot coverage, percent landscaped open space (front yard and total lot), and finished topographical elevations. Upon receipt of the application for special exception or variance, the following procedures shall be followed:

(1)

The Building Official shall forthwith examine the application for compliance with the Code. Once certified as complete by the Building Official the application shall be processed.

(2)

Notice of the hearing on such application shall be sent by facsimile, electronic mail (e-mail), hand delivery or regular or bulk mail to all town residents. Such notice shall be sent to all town residents at least ten (10) days prior to the scheduled hearing. Should an additional or separate notice be required due to any action(s) or omission(s) on the part of the applicant or the applicant's agent, any costs incurred by the Town in order to provide such additional notice shall be borne by the applicant.

(3)

No application shall be heard by the Town Commission less than ten (10) days after the mailing of notice to all town residents as herein provided, and all applications will be heard at regular or special meetings of the Town Commission.

(4)

Postponement requests for deferred action on any application may be granted by the Town Commission for good cause shown.

(5)

An application request seeking substantially the same relief cannot be accepted for consideration after it has been denied by the Town Commission until after six (6) months has elapsed from the date of denial.

(6)

The work or use authorized under an approved variance or special exception application must be commenced or implemented within twelve (12) months from the date of Town Commission approval thereof. One (1) six (6) month extension may be granted administratively if a request for same is received in writing prior to expiration. If not timely commenced, the special exception or variance shall be null and void. Once commenced or implemented, all authorized work must be completed within twenty-four (24) months from the date of issuance of the building permit unless an extension is granted in accordance with the Building Code.

(7)

When an application is deferred or postponed because the Town Commission determines that additional professional advice is necessary, the expense of obtaining such additional professional advice shall be borne by the applicant. The person, firm or corporation to render or give such additional professional advice shall be selected by mutual agreement of the Town and the applicant.

(8)

Applications for variance or special exception may be withdrawn without prejudice by written request of the applicant received prior to the date of the scheduled Town Commission hearing on the application. Applications can be withdrawn on the scheduled hearing date only by action taken by the Town Commission.

(9)

The reasons for denial of a special exception or variance shall appear in the written order of denial of a special exception or variance request which shall be issued within ten (10) working days of the Commission's action.

(Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 237, passed 12-13-04; Am. Ord. 252, passed 10-27-05; Am. Ord. 271, passed 8-28-07; Am. Ord. 333, passed 6-23-15; Am. Ord. 353, passed 5-15-17; Am. Ord. 386, passed 7-26-22)