A.
A special exception is a use that would not be appropriate
generally or without restriction throughout a particular zone but
which, if controlled as to number, area, duration, location or relation
to the neighborhood, would promote the public health, safety, welfare,
morals, order, comfort, convenience, appearance, prosperity or general
welfare. Such uses may be permitted in a particular zone as an exception
only if a specific provision for such exception is made in this chapter
and then only by permission of the Board of Adjustment.
B.
In acting upon an application for a special exception,
the Board of Adjustment shall take into consideration whether:
(1)
The specific site is an appropriate location for the
proposed use or structure;
(2)
The proposal is not detrimental, injurious, obnoxious
or offensive to the neighborhood;
(3)
There will be no undue nuisance or serious hazard
to pedestrian or vehicular traffic, including the location and design
of accessways and off-street parking;
(4)
Adequate and appropriate facilities and utilities
will be provided to ensure the proper operation of the proposed use
or structure; and
(5)
The proposed use or structure is consistent with the
spirit of this chapter and the intent of the Master Plan.
A.
A variance is a relaxation of the terms of this chapter
where such variance will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the result
of the actions of the applicant, a literal enforcement of this chapter
will result in unnecessary or undue hardship.
B.
To be eligible for the granting of a variance by the
Zoning Board of Adjustment, the application must satisfy several tests
and criteria, which are consistent with state statute (RSA 674:33,
as amended) and applicable case law. The applicable tests and criteria
are outlined in the application form for a variance or are available
from the Planning and Zoning Office.
[Amended 4-3-2006 by Ord. No. 07-06]
A.
As noted on the Permitted Use Table in § 305-13, certain residential, commercial, or other business uses require a special use permit (SUP). The performance standards by which the Planning Board will review and judge a SUP application are outlined below. The granting of a SUP is a discretionary action on the part of the Board, and while guided by the these performance standards, the decision to approve or deny such a permit will be dependent upon specific site and building conditions analyzed in relationship to the specific design, development, and operational management of the proposed use and the potential for impacts of the proposed use on the overall neighborhood and the City in general. Where the proposed project triggers both a SUP and site plan and/or a subdivision application, then the applicant may make one filing for both types of approval, and the hearings will be held concurrently. The following standards shall apply, as determined by the Board to be applicable, to all SUP reviews:
(1)
The specific use and buildings, and its size, location
and design, are appropriate for the surrounding neighborhood and the
City as a whole.
(2)
The specific use and buildings will not be detrimental,
injurious, obnoxious, or offensive to the neighborhood, and the granting
of the special use permit (SUP) will not be contrary to the overall
public interest.
(3)
The granting of the SUP is consistent with the spirit
and intent of the Zoning Ordinance.
(4)
The value of the surrounding properties will not be
adversely diminished by the granting of the SUP.
(5)
The specific and unique needs of the proposed use
will function safely and in an environmentally sound fashion.
(6)
The subject property has the required lot area and
the land is of a character (slope, natural constraints such as ledge
or wetlands, etc.) to adequately support the proposed use and the
associated required improvements, including, but not limited to, parking,
drainage, and utilities.
(7)
The traffic (including residential and commercial,
both customers and truck/delivery vehicles) generated by the proposed
use will not create adverse impacts for the surrounding neighborhood.
(8)
If the proposed industrial use will operationally
involve any second shifts or will be open past 9:00 p.m., then the
potential for impacts (noise, traffic, etc.) to the surrounding neighborhood
will be reviewed by the Board.
(9)
The site is designed to eliminate or minimize the
impacts of lighting to the surrounding neighborhood.
(10)
If, during the course of the review and analysis
of the proposed project, adverse or obnoxious impacts are found to
be created, then the applicant may, through the design and construction
of certain optional on-site or off-site improvements, alleviate these
impacts on the surrounding neighborhood to satisfy the concerns of
the neighborhood, abutters and the Board. Each individual improvement
will be judged and considered by the Board for its effectiveness and
ability to overcome the identified negative impacts.
(11)
Any special use permit plan involving any type
of day-care, nursing, sheltered-care, or related assisted-living facility
shall demonstrate that safe and secure outside facilities (play areas,
decks or patios, gazebos, grassed sitting areas, etc.) are available
and accessible to the clients or residents, as applicable, of the
facility.
B.
In reviewing each application, the Board reserves
the right to condition the use, time of operation, the size, location,
or setbacks of the buildings, or any other component of the facility
or use that is necessary to protect the integrity of the surrounding
neighborhood and the City as a whole.
C.
In addition
to the special use permit conditions above, any motor-vehicle-oriented
business in the I-1 Zoning District must conform to the following
conditions:
[Added 9-12-2011 by Ord. No. 06-12]
(1)
No
outside sales or display of vehicles typical of a car or used car
lot.
(2)
Any
such activity must be conducted on a site with a building and office
of at least 1,500 square feet.
(3)
The
only customer activity on the site must be associated with a scheduled
inspection of a vehicle and the closing of the sale.
(4)
All
maintenance work performed on any vehicle shall be conducted in the
building associated with this use.
(5)
The
owner/manager of the facility must provide as part of the special
use permit application an operations plan for the storage, handling,
and process of all oils, fluids, and old parts.
(6)
No
storage of old parts is allowed.
(7)
The
City reserves the right to inspect the property and the building.
(8)
The
only type of motor-vehicle-oriented business activity allowed in the
I-1 District is the sale of autos, trucks, or heavy construction-type
equipment. The only allowed maintenance work allowed shall be work
to be done on vehicles intended for sale. No outside repair work is
permitted.
[1]
Editor's Note: Former § 305-6, Manufactured
housing standards, was repealed 4-3-2006 by Ord. No. 07-06.
This chapter and the restrictions contained
herein shall not pertain in any way to the City of Franklin or any
facilities that it owns, operates or constructs in the carrying out
of its municipal functions.
