(1) Special use permits may be granted by the town council upon recommendation of the planning board for the uses enumerated in the regulations for special uses.
(2) Application.
a. The owner of all the property included in the petition for a special use permit shall submit an application to the zoning administrator at least three weeks prior to the regular monthly planning board meeting at which it is to be heard. Such application shall include all the requirements pertaining to it in this section. Where plans are required to be submitted and approved as part of the application for a special use permit involving property located within the watershed overlay district, the site plan shall show the boundary of the public water supply watershed (if applicable), the location and width of buffer areas, the total amount of existing and proposed built-upon area (in square feet), the percentage of the site that is covered with an impervious surface, and proposed stormwater or drainage facilities.
b. On receiving the application, the town clerk shall give notice of a public hearing in the manner as is required for the hearing on an amendment to this article. At the public hearing, all interested persons shall be permitted to testify.
(3) The special use permit, if granted, shall include approval of plans as may be required. In granting the permit, the planning board and the town council shall find that the:
a. Use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
b. Use meets all required conditions and specifications;
c. Use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and
d. Location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the town.
(4) In granting the special use permit, the planning board may recommend, and the town council may designate, additional conditions to ensure that the use in its proposed location will be harmonious with the area in which it is proposed to be located, with the spirit of this article and clearly in keeping with the public welfare. All such additional conditions shall be entered in the minutes of the meeting at which the special use permit is granted, on the special use permit certificate itself, and on the approved plans submitted with the permit. All specific conditions shall run with the land and shall be binding on the original applicants for the special use permit, their heirs, successors and permit assigns.
(5) Disapproval.
a. If the town council disapproves of the special use permit, the council shall enter the reason for its action in the minutes of the meeting at which the action is taken.
b. No appeal may be taken to the board of adjustment in granting or denying a special use permit. Any such action by the town council shall be considered as the equivalent of action on a proposed zoning amendment and shall be reviewed only in the same manner as action on a proposed amendment.
(6) In addition to the conditions specifically imposed in this subsection (b) of this section and such further conditions as the town council may deem reasonable and appropriate, special uses shall comply with the height, area and parking regulations for the zone district in which they are located. All special uses other than manufactured home parks, condominiums, townhouses, planned unit developments, and commercial planned unit developments shall comply with yard regulations for the zone district where they are located. No structure in any manufactured home park or planned unit development, either commercial or residential, shall be located closer to any external property line of the tract on which it is situated than 25 feet, nor closer to any street right-of-way line than the distance specified as a front yard requirement for the zone district in which it is located.
(7) In the event of failure to comply with the plans approved by the town council, or with any other conditions imposed upon the special use permit, or failure to obtain a building permit within two years, the permit shall immediately become void and of no effect. No building permits for further construction or certificates of occupancy under this special use permit shall be issued, and all completed structures shall be regarded as nonconforming uses subject to the provisions of this article; however, the town council shall not be prevented from thereafter rezoning such property for its most appropriate use.
(8) Where plans are required to be submitted and approved as part of the application for a special use permit, modifications of the original plans may be authorized by the town council.
(9) Only a simple majority vote by the planning board is required for an affirmative recommendation of a special use permit. Vacant seats and disqualified members are not counted in computing majority.
(10) Only a simple majority vote by the town council is required for approval of special use permits. Vacant seats and disqualified members are not counted in computing majority.