A. 
Before any permit shall be issued for a conditional use, application shall be made to the Planning Board.
B. 
The Planning Board shall grant or deny the application after public hearing but within 95 days of submission of a complete application to the administrative official or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision, notice of the hearing shall include reference to all matters being heard, and the Planning Board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application.
C. 
Failure of the Planning Board to act within the required time period shall constitute approval of the application.
A. 
In reviewing the conditional use application, the Planning Board shall review the number of employees or users of the property and the requirements set forth in this chapter and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s), and the Board shall conduct a public hearing on the application.
B. 
The uses for which conditional uses are granted shall be deemed to be permitted uses in their respective districts, and each conditional use shall be considered as an individual case.
C. 
In all requests for approval of conditional uses, the burden of proof shall be on the applicant.
D. 
The conditions applicable to individual permitted conditional uses are set forth in Article XV herein.
[Added 2-19-1998 by Ord. No. 98-4]
All conditional uses shall require site plan review and approval by the Planning Board.
[Added 3-25-2004 by Ord. No. 04-11]
A. 
The storage of twenty-pound propane gas cylinders for exchange is an approved conditional use only in the Neighborhood Commercial Zone and the Highway Commercial Zone.
B. 
The placement of exchange cabinets for twenty-pound propane gas cylinders shall be governed by the following criteria:
(1) 
Proposed locations must customarily have an outdoor attendant in conjunction with the principal use being conducted on the premise.
(2) 
The storage unit for propane gas cylinders shall be limited in size to store a maximum of 18 propane gas cylinders.
(3) 
The storage unit must be located in a previously designated pedestrian walkway or landscaped area as the unit shall not encroach on any parking or loading area. Any features or amenities eliminated as a result of the placement of the storage unit shall be replaced.
(4) 
The storage unit shall be located on the side or front facades of the principal building(s).
C. 
Any proposed propane tank storage unit meeting all of the above listed criteria [Subsections B(1) through (4)] may he approved at the discretion of the Zoning Officer.
D. 
Any proposed propane tank storage unit not meeting all of the above shall require site plan review and approval by the Planning Board.
E. 
Construction standards.
(1) 
Storage cabinets, dispensing devices and other equipment shall meet all applicable federal, state and local safety regulation and requirements.
(2) 
All tanks, storage cabinets and equipment shall be appropriately screened by a means approved by the Zoning Officer.
(3) 
Bollards shall he installed to protect storage cabinets, tanks and equipment from vehicular impact.
(4) 
Storage cabinets shall be anchored to prevent displacement by natural forces.
(5) 
Propane tanks shall be protected from overexposure to heat and sunlight. Such protection shall be in conformance with any screening requirements established by the Zoning Officer.
F. 
By virtue of application to the Zoning Officer for the registration/licensing of a facility for the exchange only distribution of propane gas cylinders, the applicant shall certify that the premises at which the cylinders are to be received and exchanged has appropriate insurance coverage and that those individuals involved with the handling and distribution of propane cylinders to the public have been or shall be properly trained by the propane gas supplier.
G. 
Following approval of the application, a license shall be issued by the Zoning Officer. Licenses shall expire annually on June 30. No license shall be granted except upon payment of an annual license fee of $100.
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Editor's Note: Former § 160-58, Consideration of public convenience, and § 160-59, Time limit for implementation of approval, were repealed 2-19-1998 by Ord. No. 98-4.