Special uses are uses other than permitted uses. A special use is granted by a special use permit which is defined at Section 17.08.400. A special use may or may not be appropriate and may or may not be allowed by the board, in its discretion.

(Ord. 12, Series of 1984 § 8 (part))

Special uses may be permitted only upon prior approval of the board. The board shall first receive and consider recommendations from the planning and zoning commission and town administration, and shall conduct a public hearing.

(Ord. 12, Series of 1984 § 8 (part))

Criteria for review of special use applications are:

A.

Compliance of the application with this code;

B.

Compatibility of the proposal with the character of the surrounding area;

C.

Desirability and need for the proposed use;

D.

Encouragement of the most appropriate use of land throughout the town;

E.

Potential for adverse environmental influences that might result from the proposed use;

F.

Compatibility of the proposed use with the comprehensive plan; and

G.

Adequate provision for ingress and egress of vehicular and other traffic; parking, servicing and loading/unloading; refuse and service areas; utilities; screening and buffering; signage; yards and open space; and any other items determined necessary or appropriate by the board.

(Ord. 12, Series of 1984 § 8 (part))

A.

An applicant desiring a special use permit shall submit a written application on forms supplied by the town and a fee. The board of trustees shall set the fee for special use permit per this chapter annually by resolution, or as often as necessary, in the board's sole discretion. The town administration shall review the application and refer the same, with recommendations, to the planning and zoning commission. The planning and zoning commission shall consider the application and hold a public hearing at a regular meeting. The planning and zoning commission shall cause the application to be referred to the board, with the town administration's recommendations and the recommendations of the planning and zoning commission.

B.

A public hearing shall be held by the board after notifying the adjoining property owners of the subject property and after posting notice of such hearing at least fifteen days prior to such hearing in a public place in the community.

C.

Following the hearing, the board shall issue its decision on the application. The board may approve, approve with conditions or deny the application. On any approval of a special use permit, the board may impose terms, conditions, limitations, restrictions and requirements as the board deems necessary, advisable or convenient. With any such grant, the board shall include specific provisions to assure the town's enforceability of the special use permit provisions and the applicant's continuing compliance with all of its terms, conditions, limitations, restrictions and requirements.

D.

The applicant for special use permit or any other action under this chapter shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, engineering fees, and filing or recording fees. In addition, the applicant shall submit a fifteen percent administrative fee based on the total of all consultant charges for the review of the special use permit application.

(Ord. 4-01 (part))

(Ord. No. 8-2012, § 8, 4-23-2012; Ord. No. 7-2022, § 2, 5-23-2022)