18-24-104. PROCEDURE FOR OBTAINING SPECIAL USE PERMITS FROM THE COMMISSION.

1. To seek a special use permit, a person must submit a written petition to the Director. An application may be filed by one or more of the following entities or persons:
   1. The owner of the property;
   2. Whenever the property is held in trust, the beneficial owner;
   3. A purchaser of the property under a duly executed written contract, with the written consent of the seller;
   4. A lessee of property, with the written consent of the owner; or
   5. The duly authorized agent of any of the foregoing;
   6. Any tribal governmental official acting in his official capacity; and
   7. Any person whose interests are or would be adversely affected by the uses of the land allowed under this Title if not altered.
2. Petition Requirements. A petition for a special use permit must contain:
   1. The name and address of the property owner and, if different, the applicant;
   2. The legal description of the property;
   3. A description of the proposed special use sought and an explanation of the grounds for the special use permit sought; and
   4. The names and last known addresses of owners of property within 500 feet of the property proposed for variance and proof that notice of the application has been provided to those persons by the applicant.
3. Notice; Informal Hearing Procedure. The Commission shall consider petitions for special use permits in accordance with the procedures set forth in § 18-21-103.
4. Standards for Granting Special Use Permit. The Commission may grant a petition for a special use permit only if it finds, and documents in writing its findings and their bases, that:
   1. There are unnecessary, unreasonable hardships or practical difficulties that can be relieved only by issuing the special use permit;
   2. There are exceptional or extraordinary circumstances or conditions applying to the land, buildings, or special uses referred to in the petition, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land, uses or structures in the vicinity shall not in themselves constitute such circumstances or conditions;
   3. Issuing the permit will not be materially detrimental to the welfare of the Reservation community or be injurious to property or improvements in the neighborhood of the premises;
   4. Such special use permit is necessary for the preservation and enjoyment of the substantial property rights of the petitioner;
   5. Issuing the permit will not adversely affect the health or safety of persons working or residing in the neighborhood of the property of the petitioner or of the Reservation community;
   6. Issuing the permit will be in general harmony with the intent and purpose of this Title;
   7. The present and future needs of the Reservation community will be served by the proposed activity and that, on the whole, the community will be benefited more than impaired by issuance of the permit; and
   8. Conditions shall be imposed to provide the greatest protection for existing, expected, and permitted uses in the surrounding area.
5. Effective Date. A special use permit shall become effective 10 days after the date of the Commission’s decision.
6. Publication. Notwithstanding § 18-21-103, the Commission’s decision to grant or deny a special use permit shall be served upon the applicant and the Director by first-class mail, postage prepaid. The Commission shall also post its decision conspicuously in the Tribal Administration Building. In addition, the Commission, in its discretion, may publicize its decision in a newspaper of general circulation on the Reservation.
7. Special Use Permit Right Must Be Exercised To Be Effective. A special use permit granted under this Title shall be effective only when the exercise of the right granted thereunder shall be commenced within six months from the effective date of the grant, unless a longer period be specified or thereafter allowed by the Director or Commission. In case such right has not been exercised, or extension obtained, the special use permit shall be void. A written request for an extension of time filed with the Director at least 30 days prior to the expiration of the special use permit shall extend the running of the six month period until the Director has acted on such request.
8. Cessation of Special Use Permit. Discontinuance of the exercise of any right authorized by any special use permit for a continuous period of six months shall be deemed an abandonment of such special use permits, and the property affected thereby shall be subject to all the provisions and regulations of this Title applicable to the zone in which such property is located at the time of such abandonment.
9. Transfer of Special Use Permit. Any valid special use permit granted pursuant to this Title is transferable unless otherwise provided at the time of the granting of such special use permit.