§ 11.2. Special exceptions; conditions governing applications; procedures.

11.201.

To hear and decide only such special exceptions as the board of aldermen is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the board of aldermen unless and until:

(a)

A written application for special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating grounds on which it is requested. Application must be notarized at the expense of the applicant;

Land owner must present with application, written consent from immediate neighboring land owners other than variance applicant in north, south, east, and westerly direction. Two consent forms from each direction. Consent forms must be notarized at the applicant's expense;

It is the responsibility of the land owner to furnish the planning commission with a copy of all subdivision restrictions and/or protective land measures with application. All restrictions in subdivision restrictions that are of a more restrictive/stringent nature will supercede the town's ordinance procedure;

(b)

Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which special exception is sought or his agent shall be notified by mail. Notice of such hearings shall be posted on the property for which special exception is sought, at the town hall, and in one other public place at least 15 days prior to the public hearing;

(c)

The public hearing shall be held. Any party may appear in person, or by agent or attorney;

(d)

The board of aldermen shall make a finding that it is empowered under the section of this ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest;

(e)

Before any special exception shall be issued, the board shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

(1)

Ingress and egress to property and structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

(2)

Off-street parking and loading areas where required, with particular attention to the items in subsection (1) above and the economic, noise, glare or odor effects of the special exception on adjoining properties generally in the district;

(3)

Refuse and service areas, with particular reference to the items in subsections (1) and (2) above;

(4)

Utilities, with reference to locations, availability, and compatibility;

(5)

Screening, with reference to locations, availability and character;

(6)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

(7)

Required yards and other open space;

(8)

General compatibility with adjacent properties and other property in the district.

(Ord. No. 557-05, 2-14-2005)