Stanley council returns special-use permit authority to Board of Adjustment in 4-1 vote

The Stanley Town Council voted 4–1 on Aug. 12 to approve zoning text amendments (ZTA25-02) that return authority for special-use permits from the council to the Board of Adjustment.

Planning Director Sarah Penley told the council that special-use permits are quasi-judicial and require evidence-based hearings; she said the Board of Adjustment members have received School of Government training on those procedures while council members had not. Penley said returning the authority would ensure hearings are handled by a body trained for the procedural standards those reviews require.

Council Member Drew Stewart moved the ordinance amendment; Council Member Chad Jones seconded. The motion carried with Jones, Stewart, Marsha Miskelly and newly sworn Council Member Chase Hannifin voting aye and Council Member Leigh Anna Helms voting no.

Helms said she was concerned about losing a forum where residents often ask zoning questions and noted the council’s role in answering constituents’ inquiries. Penley responded that the board will continue to provide regular reports to the council and that Board of Adjustment decisions are binding unless appealed to the district court for procedural review.

The change distinguishes special-use permits from rezoning requests, Penley explained: rezoning changes what uses are allowed on a property, while a special-use permit allows a specific use already allowed in the district but subjects it to additional conditions and limits. The council recorded the formal motion and vote during the Aug. 12 meeting.

The ordinance will take effect according to the town’s standard ordinance-adoption timeline and will be reflected in the town’s zoning code updates.