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 surrounding neighborhoods, 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 disapprove any such request or impose conditions and safeguards as may be required to maintain the intent of this Chapter.

(Ord. No. 2006-3, § 4, 11-13-2006; Ord. No. 2016-4, § 1, 8-29-2016)

(a)

Uses by special review are uses which have been determined by the Board of Trustees to be more intense or to have the potential of a greater impact when compared to the uses allowed by right in a particular zoning district. A use by special review will require additional consideration to ensure that such use is designed, constructed and operated in a manner that is compatible with the existing and planned uses for the neighborhood. Additional consideration given to a use by special review is designed to protect the health, safety, convenience and general welfare of present and future residents of the Town.

(b)

The Board of Trustees may approve the establishment of a use by special review through granting a special review or special use permit. All requests for a use by special review shall be reviewed by the Planning Commission. The Planning Commission shall provide a recommendation to the Board of Trustees for its consideration.

(c)

Ordinary repairs and maintenance may be performed upon structures associated with a use by special review so long as such actions do not have the effect of expanding or enlarging the use, creating a more intensive use or changing the impact of the special use on the neighborhood by creating increased traffic, dust, pollution or other impact on the neighborhood not contemplated in the original use by special review.

(d)

If the use by special review is discontinued for a period of one year, it shall be considered abandoned and a new application and approval procedures must be followed to reestablish the abandoned use.

(e)

Applications for a use by special review shall be completed and filed with the Town Clerk. An application fee for each use by special review shall be such amount as set forth in the Town Fee Schedule.

(Ord. No. 2016-4, § 1, 8-29-2016)

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

(1)

The applicant shall file a request for a review of the proposed special use and pay the appropriate fees.

(2)

The Planning Commission shall schedule a public hearing no later than 90 days after the special use permit packet is deemed complete and shall publish notice of the date and time of the public hearing on such application.

(3)

The Planning Commission shall make a recommendation to the Board of Trustees based upon the following criteria:

a.

The proposal is consistent with the Comprehensive Plan.

b.

The proposal is consistent with the intent of the zoning district in which the use is proposed to be located.

c.

The use which would be permitted will be compatible with the existing surrounding land uses and will not be substantially dissimilar from such uses.

d.

The use which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the Comprehensive Plan.

e.

The use will not cause an unreasonably severe demand on Town services, such as police and fire protection, drainage control, water supply and sanitary sewer service.

f.

The use will not adversely affect traffic flow and parking in the neighborhood.

g.

There is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the Town.

(4)

The Planning Commission's recommendation shall be forwarded to the Board of Trustees, which shall then consider the application and recommendation of the Planning Commission no later than 45 days after receipt of the recommendation of the Planning Commission. The Board of Trustees shall conduct a public hearing upon the application and shall grant or deny the application based upon the criteria set forth in Paragraph (3) above. Such use shall only be granted if the Board of Trustees is satisfied that adequate water and sewer service is available to the site and that soil and geologic conditions are appropriate for the proposed use.

(5)

Uses by special review will meet the following requirements:

a.

Stormwater detention facilities shall be provided on site, which shall contain stormwater as may be determined by the Town Engineer. The drainage facility shall be designed to release all detained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the undeveloped site.

b.

All parking and vehicle storage areas shall be provided on site, and parking shall not be permitted on the public right-of-way.

c.

Adequate fire protection measures shall be available to the site.

d.

Access to the site shall be provided in a safe manner which requires acceleration or deceleration lanes or other modifications to the street system at the applicant's expense.

e.

Buffering or screening of the proposed use from adjacent properties shall be provided to improve compatibility, either by fencing, berming, landscaping or other procedures as may be appropriate.

f.

Such other requirements as the Board of Trustees may deem appropriate to make the use compatible with existing uses in the neighborhood.

(Ord. No. 2016-4, § 1, 8-29-2016; Ord. No. 2018-2, § 1, 7-2-2018)

The application for a use by special review shall contain the following:

(1)

A statement which explains the proposed use and that the use is consistent with the Comprehensive Plan.

(2)

A statement which explains that the proposed use is consistent with the intent of the zoning district in which the proposed use is located.

(3)

A statement that explains that the use to be permitted would be compatible with the existing, surrounding land uses.

(4)

A statement which explains that the proposed use will comply with the requirements of Paragraph 16-14-30(3) above.

(5)

The name, address and telephone number of the applicant and the name, address and telephone number of the fee owner of the property proposed for the use by special review.

(6)

The legal description of the property, together with a site plan showing the entire parcel and the parcel designated for the special use.

(7)

A vicinity map showing the existing property and the existing use of properties adjacent to the property on which the special use is proposed.

(8)

A certified list of the names and addresses of the property owners within 100 feet of the property for which the special use is proposed, together with a certified list of the names and addresses of the mineral owners and lessees on or under the parcel of land being considered for a special use.

(Ord. No. 2016-4, § 1, 8-29-2016)

The use may be permitted for a term of years or for a permanent change in the use of the property. The granting of the special use may include such other requirements as may be necessary to comply with the criteria established by this Article.

(Ord. No. 2016-4, § 1, 8-29-2016)

(a)

Notice as described in this Article shall constitute mailing by U.S. Postal Service regular mail or personal service.

(b)

Notice of a public hearing shall be by posting an appropriate sign on the property setting forth the date, time and place of the hearing and a brief description of the use requested. Such posting shall be done at the direction of the Town Clerk by the applicant.

(c)

Notice of a public hearing shall also be by publication in the official newspaper one time at least ten days prior to the public hearing.

(Ord. No. 2016-4, § 1, 8-29-2016)