[Added 2-15-2001 by L.L. No. 2-2001]
A. 
The Aquifer Protection Overlay District is established for the purpose of protecting the public health and welfare by protecting and conserving groundwater supplies of the Sand Ridge Aquifer.
B. 
The Wellhead Protection Overlay District is established for the purpose of protecting the municipal water supplies for the City of Fulton and Village of Phoenix.
Any other provision of this Code, the following uses are permitted in the Aquifer Protection Overlay District and Wellhead Protection Overlay District if allowed in the underlying district:
A. 
One-family dwelling.
B. 
Two-family dwelling.
C. 
Garage sale (three per year).
D. 
Use accessory to a one-family or two-family dwelling.
All uses not specifically allowed pursuant to § 95-114 are prohibited.
The following uses are prohibited in the Aquifer Protection Overlay District regardless of whether they are permitted in the underlying district:
A. 
Laundry or dry-cleaning plant or services.
B. 
Horticultural nursery.
C. 
Medical offices, including clinics, hospitals, labs and doctor and dentist services.
D. 
Motor-vehicle-related businesses, including gasoline stations, truck terminals and automobile or other motorized vehicle sales, storage, repair, parking or washing.
E. 
Cemetery.
F. 
Crematory.
G. 
Airport.
H. 
Any industrial use.
I. 
Any other use which may, in the opinion of the Planning Board, create a significant risk of aquifer contamination.
Uses not prohibited by § 95-116 may be allowed in the Aquifer Protection Overlay District after site plan review approval and issuance of a special permit by the Planning Board if, and only if, they are allowed in the underlying zoning district. Existing nonconforming uses or uses existing at the time of establishment of this district which are prohibited by § 95-116 may be modified only after issuance of a special permit in accordance with § 95-118.
Before a special permit can be issued for any use in the Aquifer Protection Overlay District, the Planning Board must make a finding that the use would not be more likely to impair the aquifer's use as a source of potable water than would an allowed use. The Planning Board may impose any reasonable conditions on the issuance of a special permit as are deemed necessary to support such a finding.
An application for a special permit in the Aquifer Protection Overlay District shall include all information required for site plan review pursuant to § 95-57, as well as a delineation of the Aquifer Protection Overlay District boundary if the district covers only part of the site subject to review, and any other information which could be helpful or necessary for the Planning Board to address the standard for review in § 95-118.