[Ord. 97; 97-19]
Those uses designated as Conditional Uses in the District Regulations (Article III) are hereby declared to possess characteristics of such unique and special form as to require that each specific use shall be considered as an individual case; and as to further require conformance to additional standards as specified in this article.
Uses designated as Conditional Uses may be considered to be
permitted uses in their respective districts, subject to the satisfaction
of the requirements and standards set forth in this article in addition
to all other requirements of this ordinance.
[Ord. 97; 97-19; 97-39]
a.
Each application for a Conditional Use shall be made to the administrative
officer for referral within 10 days of receipt of the completed application
to the Planning Board for action.
b.
Application for Conditional Use permits shall contain the same information
as required for site plan review by Section 6.100. No application
shall be considered as officially submitted until such time as the
Construction Official has received all required information and documentation.
Site plan review shall run concurrently with Conditional Use review.
Where the administrative officer determines that it would be unreasonable
to require a full site plan review submission as required by Section
6.100 in conjunction with a conditional use application, he may waive
such specific requirements of Section 6.100 as he deems appropriate.
[Ord. 97; 97-17; 97-39]
a.
The Planning Board shall have jurisdiction to review and take action
on all applications for Conditional Use permits.
b.
The Planning Board shall act on all Conditional Use permit applications
within 95 days of the first Planning Board meeting on or after the
date of referral. In the absence of Planning Board action within such
ninety-five-day period, the application shall be deemed approved as
submitted. The review period may be extended by mutual agreement of
the Planning Board and applicant.
c.
The Planning Board shall hold a public hearing on each application,
with the same notice as required by law for development applications.
d.
The Planning Board's decision on each application must be set forth
in a written resolution to the Construction Official, which resolution
shall authorize the Construction Official to grant or deny the application
or to grant the application subject to conditions.
e.
The Planning Board shall attach such conditions and safeguards to
any approved use and development plan as are, in its opinion, necessary
to ensure initial and continual conformance to all applicable standards
and requirements.
f.
No Conditional Use permit shall be granted except upon a finding
by the Planning Board that the standards and requirements for such
use set forth in this article, in addition to all other applicable
regulations, have been met. The Board's written resolution authorizing
the grant of such permit shall set forth such finding. A written resolution
denying such permit shall set forth findings, in specific terms, as
to the standards and requirements which have not been met.
g.
Any Conditional Use permit not exercised within one year of the date
of issuance shall expire without further hearing by the Planning Board.
[Ord. 97; 97-19]
No conditional use permit shall be granted unless the following
conditions are met:
a.
In residential districts, the proposed use will not interfere with
the public welfare and convenience.
b.
The location and size of the use, the nature and intensity of the
operations involved in it or conducted in connection with it, the
size of the site in relation to it and the location of the site with
respect to streets giving access to it, are such that it will be in
harmony with the appropriate and orderly development of the district
in which it is located.
c.
The location, nature and height of buildings, walls, fences and the
nature and extent of existing or proposed plantings on the site are
such that the use will not hinder or discourage the appropriate development
and use of adjacent land and buildings.
d.
Operations in connection with any conditional use will not be more
objectionable to nearby properties by reason of noise, fumes, vibration
or other characteristics than would be the operations of any permitted
use not requiring a conditional use.
e.
Parking areas will be of adequate size for the particular use, properly
located and suitably screened from adjoining residential uses, and
the entrance and exit drives shall be laid out so as to achieve maximum
and adequate safety.
[Ord. 97; 97-19; 97-39]
In any district where permitted, a service station shall be
subject to the following regulations:
a.
Service stations shall be permitted only on lots of 40,000 square
feet or more, with 100 feet minimum frontage.
b.
The area for use by motor vehicles, except access drives thereto,
as well as any structures, shall not encroach on the required yard
area.
c.
No fuel pump shall be located closer than 20 feet from any side lot
line, nor closer than 35 feet from any street line, measured from
the outside edge of the fuel island.
d.
No access drive shall be within 200 feet of and on the same side
of the street as a school, public library, theater, church, or any
other public gathering place, park, playground or fire station unless
a street 50 feet wide lies between such service station and such building
or use.
e.
All work materials shall be stored in enclosed spaces and all necessary
provision shall be made for the safe storage, use and disposal of
potentially dangerous materials.
f.
No open area in which vehicles or parts are stored or repaired shall
be visible from any public road, except that vehicles awaiting repair
or pickup may be parked on an apron located entirely within the front
yard of the property. Other open areas in which vehicles may be stored
shall be no closer to the public right-of-way than the front building
line, and shall be screened by opaque screening of a sturdy and permanent
nature subject to review and approval by the Planning Board. No junked
or unregistered vehicles shall be kept or stored on the premises.
g.
The sale of used cars ancillary to the principal function of the
premises as a service station is permitted.
[Ord. 97; 97-17]
Buildings for home occupations, artistic, artisanal, horticultural
or similar activities located separately on the same lot as the principal
structure shall meet all standards of Section 5.400 (accessory structures
in yards) and, where applicable, Section 6.420 (home occupations),
and shall require conditional use approval.
[Ord. 97; 97-17]
Notwithstanding any other provision of this ordinance, any separate
garage or storage structure on the same lot as the principal structure
in excess of 240 square feet of floor area or more than 10 feet high
measured from the ground immediately in front of the proposed structure
shall require conditional use approval.
[Ord. 97; 97-17]
In granting conditional use approval under this section, the
Planning Board shall determine that the scale and visual impact of
the proposed structure shall not be excessive, particularly where
it is located in close proximity to an abutting property, and may
require the applicant to reduce the size or height of the proposed
building, and provide such screening or fencing as may be necessary,
as a condition of approval.
[Ord. 97; 97-36; 97-40]
A house of worship shall:
[Ord. 97; 97-18; 97-39]
Any modification of residential parking standards set forth
in Sections 6.211 and 6.212 shall be considered a conditional use
and shall be subject to review by the Planning Board to determine
whether the modification can be accommodated without (a) materially
affecting the visual character of the street and surrounding areas;
and (b) adversely affecting adjacent properties and their use and
enjoyment. The Planning Board may condition approval of a modification
under this section on such landscaping, planting, or screening, as
it deems necessary, to maintain the character of the street and prevent
adverse affects on adjacent properties.
