This division provides the town an opportunity to approve, conditionally approve, or deny identified specific uses that may be permitted in specified zoning districts. These uses generally have, among other things, unusual nuisance characteristics or are of a public or semi-public character and are often essential or desirable for the general convenience and welfare of the community. However, because of the nature of the use, the importance of the use's relationship to the Comprehensive Plan, and possible adverse impacts on neighboring properties review, evaluation, and exercise of sound planning judgment relative to the location and site plan are required.
A. 
The procedure for authorizing a Specific Use Permit (SUP) shall follow the procedure for zoning amendments as set forth in article 1, division 9.
B. 
All SUP applications shall be accompanied by a site plan drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet.
C. 
The Planning and Zoning Commission or Town Council may require additional information or drawings (such as, among other things, building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed.
A. 
In recommending that a SUP for the premises under consideration be granted, the Planning and Zoning Commission shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to, among other things, requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, area or security lighting, heights of structures, and compatibility of buildings. The Planning and Zoning Commission and Town Council shall consider the following criteria in determining the validity of the SUP request:
1. 
Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
2. 
Are the activities requested by the applicant normally associated with the requested use?
3. 
Is the nature of the use reasonable?
4. 
Has any impact on the surrounding area been mitigated?
B. 
In granting a SUP, the Town Council may impose conditions that shall be complied with by the owner or grantee before a Certificate of Occupancy (CO) may be issued by the Building Official for use of the building on such property pursuant to such SUP and such conditions precedent to the granting of the CO. Any special conditions shall be set forth in writing by the Town Council prior to issuance of the CO.
C. 
No SUP shall be granted unless the applicant, owner and grantee of the SUP shall be willing to accept and agree to be bound by and comply with the written requirements of the SUP as attached to the site plan drawing(s) and approved by the Planning and Zoning Commission and Town Council.
D. 
If required, a building permit shall be applied for and secured within six months from the time of granting the SUP, provided however, that the Town Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission. After six months from the date of approval has elapsed, the Planning and Zoning Commission and Town Council may review the site plan for continued validity. If the site plan is determined invalid, the property owner(s) must submit a new or revised site plan for approval prior to any construction or application for building permit for the area designated for the SUP.
E. 
A building, premise, or land used under a SUP may be enlarged, modified, structurally altered, or otherwise changed provided the changes do not:
1. 
Increase the height of structures, including, without limitation, antenna support structures.
2. 
Increase building square footage from its size at the time the original SUP was granted by greater than ten percent;
3. 
Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use. This provision shall not apply should the property and the residential use be separated by a major thoroughfare depicted on the town's Thoroughfare Plan; or
4. 
Reduce the amount of open space as indicated on the previously approved zoning exhibit.
All other enlargements, modifications, structural alterations, or changes shall require the approval of a new SUP.
F. 
The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any SUP.
G. 
When the Town Council authorizes granting of a SUP, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and prefixed by an "S" designation. SUPs granted shall be indicated by numerical designation on the zoning district map, article 5, division 2 of this Ordinance shall list by the numerical designation each SUP and the conditions of approval. SUPs are issued to the property.
H. 
Upon holding a properly notified public hearing, the Town Council may amend, change, or rescind a SUP if:
1. 
There is a violation and conviction of any of the provisions of this chapter or any ordinance of the town that occurs on the property for which the SUP is granted.
2. 
The building, premise, or land used under a SUP is enlarged, modified, structurally altered, or otherwise significantly changed without approval of a separate SUP for such enlargement, modification, structural alteration, or change.
3. 
Violation of any provision of the terms or conditions of a SUP.
4. 
Ad valorem taxes on the property are delinquent by more than six months.
5. 
The SUP was obtained by fraud or with deception.