[Amended 5-20-1980 by Ord. No. 1723]
The Planning Board shall have power, on application
supplementing an application for a building permit or for an occupancy
permit, as the case may be:
A.
To grant a building permit and/or a certificate of occupancy for a use not specified in Article V as a permitted use but similar to such a use in degree of impact upon surrounding properties, provided that the Planning Board shall have first determined, after consultation with a registered engineer, the installations and the methods and conditions of operation required to conform to the standards established for uses in the LM and I Districts. Such determination of installations and methods and conditions of operation shall be stated in the building permit and/or the certificate of occupancy, as the case might be, and construction or occupancy shall be conditional upon continued compliance with the stated determination. Violation of such conditions shall make the building permit and/or certificate of occupancy subject to cancellation following notice by the Zoning Officer and hearing before the Planning Board. In the cases involving expenses for necessary technical, scientific or specialized data, advice or assistance, all costs thereof shall be borne by the applicant, whether or not such evidence is supplied at his direction or that of the Planning Board, but only after applicant has conferred with the Board and has entered into a written agreement with the City to bear the costs of such data, advice and assistance. If an applicant cannot produce specific data or information requested by the Planning Board and/or is unwilling to aid the Board in obtaining it as stated above, the Board shall dismiss such application for want of ability to ascertain that the proposed use is similar in degree of impact to permitted uses specified. This procedure shall also apply to applications, wherein a permitted use as specified may be unable to meet the required performance standards in the opinion of the Building Inspector.
B.
To permit certain required off-street parking space
to be located elsewhere than on the same lot as the use to which it
is appurtenant, provided it shall not be more distant from the principal
entrance to the structure it serves than 200 feet in the case of a
business use, 400 feet in the case of a residential use and 800 feet
in the case of a manufacturing or industrial use, and provided that
all such space shall, through ownership or permanent easement, be
under the control of the owner or operator of the use to which such
space is appurtenant.
C.
To permit the erection of a fence of greater height than permitted in Article IX on a finding that such fence is desirable for the purpose of screening specified objectionable conditions.
D.
To permit the extension of certain nonconforming uses as provided in Article XV, but only to the extent specified therein.
E.
Where a district boundary divides a lot held in one
ownership and more than 50% of the area of said lot lies in the less
restricted district, to permit, under such conditions as will safeguard
the character of the more restricted district and be in harmony with
the purposes of this chapter, a use permitted on either portion of
the lot to extend to the entire lot, but not more than 50 feet beyond
the boundary line of the district in which such use is permitted.
[Amended 5-20-1980 by Ord. No. 1723]
All applications made to the Planning Board
for conditional uses shall be in writing upon a regular form prescribed
by said Board and made available by the Zoning Officer/Building Inspector.
