Except as provided by § 295-7 below, no junk as defined herein shall be visible from any public highway or neighboring property line.
A.
The Planning Board may grant an exception to §§ 295-5 and 295-6 of this article in the case of a junk storage area used in conjunction with a commercial or industrial use where the storage of junk or debris is clearly secondary to the primary nature of the business, and where said storage does not create a significant adverse impact upon neighboring properties or the community in general.
B.
In rendering its decision, the Planning Board shall take into account:
C.
The Planning Board may impose any conditions it deems necessary to
protect neighboring properties and to promote the general welfare,
including but not limited to:
(1)
Requiring a security fence surrounding the junk storage area of a
type and construction approved by the Planning Board.
(2)
Requiring vegetative screening.
(3)
Prohibiting the storage of certain types of junk or debris.
(4)
Requiring a fifteen-foot-wide fire lane between any junk and any
fence or screening that shall be kept open and free of any materials.
A.
All garbage, refuse and other wastes stored out of doors shall be
stored in dumpsters or solid closed containers.
B.
Appropriate measures shall be taken to prevent raccoons, dogs, bears,
and birds from getting into any dumpster or closed container.
C.
Dumpsters and containers shall be emptied and/or cleaned as needed
in order to minimize odor impacts to surrounding properties. The presence
of persistent odors, generally deemed to be objectionable, shall be
grounds for concluding that this provision is not being satisfied.
A.
Any person aggrieved by this chapter may appeal to the Planning Board
for an interpretation or a waiver from the provisions of this chapter.
B.
In making its determination on waivers, the Planning Board shall
take into consideration the benefit to the applicant if the waiver
is granted, as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination, the Board shall also consider:
(1)
Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the waiver;
(2)
Whether the benefit sought by the applicant can be achieved by some
method feasible for the applicant to pursue, other than a waiver;
(3)
Whether the requested waiver is substantial;
(4)
Whether the proposed waiver will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood; and
(5)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Planning Board, but shall
not necessarily preclude the granting of the waiver.
C.
The Planning Board shall grant the minimum waiver that it shall deem
necessary and adequate and at the same time preserve and protect the
character of the neighborhood and the health, safety and welfare of
the community.
