The purpose of conditional and special use permits is to allow
the proper integration of certain uses into appropriate zoning districts.
Because of their characteristics, special use permit and conditionally
permitted uses require special consideration so that they may be properly
located with respect to the objectives of this chapter and their effect
on surrounding properties. Conditional and special use permit uses
may or may not be appropriate in a particular location depending on
a weighing, in each case, of the public need and benefit against the
local impact and effect.
The difference between a conditionally permitted use and a special
use permit use is that a special use permit may have an expiration
date or renewable term. The rights of a conditionally permitted use
are the same as permitted uses, once approval is granted in accord
with these regulations. Conditionally permitted uses may be reclassified
special use permit uses when the circumstances of the application
are such that the reviewing board finds that such reclassification
is necessary to protect the public interest.
The provisions of this article shall be carried out by the Zoning
Board of Appeals of the Town of Ogden, unless otherwise noted. The
approving board may impose such reasonable conditions and restrictions
as are directly related to and incidental to the application. The
Board may also waive certain requirements or waive application materials
should such requirements not be requisite to the interests of the
public health, safety and general welfare and will not undermine the
approval standards herein.
The Board may impose such conditions upon the premises benefited
by a conditional or special use permit as may be necessary to prevent
or minimize adverse effects therefrom upon other property in the neighborhood;
provided, however, that such conditions shall not be used as a device
to perpetuate a permit for a use which is intended to be temporary
in nature. Such conditions shall be expressly set forth in the resolution
authorizing the use and in the permit itself. Violation of such conditions
shall be subject to the same penalties and other enforcement mechanisms
that apply to any other violation of this chapter.
A conditional or special use permit shall be granted only after
meeting the following general approval criteria, in addition to meeting
any specific approval criteria that may be required elsewhere in this
chapter:
A. The proposed building or use will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this chapter and, where applicable, Chapter
254, Subdivision of Land.
B. The proposed building or use will not have a substantial or undue
adverse effect upon adjacent property, the character of the neighborhood,
traffic conditions, parking, utility facilities and other matters
affecting the public health, safety and general welfare.
C. The proposed building or use will be constructed, arranged and operated
so as not to dominate the immediate vicinity or to interfere with
the development and use of neighboring property in accordance with
the applicable district regulations.
D. The proposed building or use will not tend to depreciate the value
of adjacent property, taking into account the possibility of screening
or other protective measures.
E. The proposed building or use will be served adequately by and be
readily accessible to essential public facilities and services such
as highways, streets, parking spaces, police and fire protection,
drainage structures, refuse disposal, drinking water, sewage disposal
and schools; or that the persons or agencies responsible for the establishment
of the proposed use will provide adequately for such services.
F. The proposed building or use will not result in the destruction,
loss or damage of any natural, scenic or historic feature of significant
importance.
G. The proposed building or use complies with all additional standards
imposed on it by the particular provision of this chapter authorizing
such use.
Certain uses which require permits have unique impacts and therefore require a more specific review of their location, design, configuration and special impact. The uses listed below shall meet not only the general requirements for permit approval identified in §
300-95 of this article, but shall also meet the additional criteria below.
A. Public parks, playgrounds and community centers. All outdoor areas
of concentrated activity shall be separated from any adjoining property
by a minimum of 50 feet or by a buffer found sufficient by the Planning
Board to ensure visual and auditory privacy to such properties.
B. Public utility facilities.
(1) All buildings and structures shall either have exteriors which give
the appearance of a structure permitted in the district where located
or shall be screened from view from any private property located in
any residential district; any such screening located in or adjoining
any front yard shall be limited to vegetation which provides effective
year-round screening.
(2) All such uses shall be fenced where any hazard to the safety of human
or animal life is present.
(3) No service or storage yard or building shall be permitted except
as permitted for other uses in the district.
(4) Yards shall be provided as required by the district regulations.
C. Hospitals, clinics and nursing homes.
(1) Purpose. This subsection provides guidelines for the establishment
of hospitals, clinics and nursing homes in addition to other standards
of this chapter which apply to these uses.
(2) Off-street parking. Off-street parking and loading shall be provided as required in Article
IX, Parking and Loading. Parking requirements may be increased depending upon the needs of each particular use as determined by the Planning Board. Such parking areas shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 60 feet from any boundary which abuts a residential district and at least 15 feet from each side.
(3) Setbacks. No structure shall be within 250 feet of any property line.
(4) Landscaping. The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries or parking and loading areas to protect adjacent properties from physical damage or nuisance. All landscaping shall be properly maintained during the period of use. Methods of installation and other regulations appear in §
300-52, Landscaping and buffering.
(5) Lighting. Exterior lighting shall not be used to illuminate the structure.
Such lighting shall be used only along walkways and in the parking
area for safety purposes and shall be shielded from view of all surrounding
residential properties and from streets.
(6) Dwellings. No more than one dwelling shall be permitted in the clinic.
Such dwelling shall have at least 700 square feet of gross floor area
and shall meet the appropriate off-street parking requirements.
D. Funeral homes in residential districts.
(1) Purpose: the establishment of a place of business for a mortuary
and to conduct respectful services for deceased persons.
(2) The funeral home shall be conducted within a residence-type building
having usable floor area of not less than 2,000 square feet.
(3) All operations and activities in connection with such use shall be
conducted wholly within such building or accessory structures, except
for off-street parking and loading areas.
(4) Lot and building area requirements. The site shall meet the minimum
lot area and other bulk requirements of the district in which it is
located as well as the provisions of this section. Any existing main
building shall be set back at least 60 feet from the street or from
site boundaries abutting a business or industry zoned area, at least
100 feet from site boundaries abutting a residential zoned area and
at least 150 feet from any existing building in residential use. Existing
accessory structures shall be set back at least 60 feet from the street
and all other site boundaries.
(5) Off-street parking. Off-street parking shall be provided in the amount set forth in Article
IX, Parking and Loading, except that the same may be increased depending upon the parking needs of each proposed use as determined by the Planning Board. Such parking area shall be permanently improved, shall be located only on the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residentially zoned area and at least 15 feet in all other cases.
(6) Landscaping. The entire site, except for areas covered by buildings,
parking and loading areas and walks, shall be suitably landscaped
as approved by the Planning Board. Suitable natural screening or buffer
strips walls or fencing shall be provided along the boundaries of
parking and loading areas to protect adjacent properties from physical
damage or nuisances. All landscaping shall be properly maintained
during the period of use as a funeral home.
(7) Lighting. Exterior lighting shall be shielded from view of all surrounding
residence properties and from streets. All exterior lighting, other
than lighting for security reasons, shall be extinguished no later
than 10:00 p.m. Security lighting shall be turned on and off by solar
power automatically.
(8) Any such use shall comply with all applicable rules and regulations
of any county or state agency having jurisdiction.