PURPOSE

  1. To authorize a predetermined type of exception from the standards in this Code, within specific limitations and subject to performance measures.

APPLICABILITY

  1. Special permits may only be requested as specifically authorized by this Code.
  2. No Zoning Permit must be issued for development that requires or requests a special permit until the discretionary review process for a special permit has been completed in accordance with the standards of this Article.
  3. The approval or denial of an application for a special permit is in the reasonable discretion of the Planning [BOARD / COMMISSION].

AUTHORITY

  1. The Planning [BOARD / COMMISSION] reviews and decides all applications that require a Special Permit.
  2. The granting of a special permit authorizes the [PERMITTING AUTHORITY] to issue a Zoning Permit.

PROCEDURE

  1. Within 30 days after receiving a completed application for development review that requires a special permit, the Planning [BOARD / COMMISSION] must review the application and hold a public hearing.
  2. Within 45 days after closing of the public hearing, the Planning [BOARD / COMMISSION] must make a decision to approve, approve with modifications, deny, or grant withdrawal the application for a special permit, and file said decision with the Town Clerk.
  3. When considering a revision to a previously approved application for a special permit, the Planning [BOARD / COMMISSION] must limit its review to the proposed changes to the previously approved application.

APPROVAL STANDARDS

  1. When determining whether to approve or deny an application, the Planning [BOARD / COMMISSION] must consider the following:
  2. The adopted Comprehensive Plan of the [NAME OF TOWN / CITY];
  3. The purpose and intent of this Code;
  4. The purpose of the District(s) where the property is located;
  5. The proposed use or activity will be established, maintained, and operated so as to be harmonious with the surrounding area and will not impede the development, use, and quiet enjoyment of abutting property in any foreseeable manner;
  6. The proposed use or activity will not produce excessive noise, heat, glare, dust, smoke, fumes, odors, or vibration detectable off the property or that adversely affects the surrounding area;