1.
A Special Use Permit is required for the following uses:
c)
Enlargement of a structure on a substandard lot of record according to the provisions of Article VI, Section A.
d)
Alterations to or change in use of non-conforming uses according to the provisions of Article VI, Section B and C.
f)
Apartments, condominiums, cluster development or townhouses, as further defined in Section C. herein.
g)
Hotels and Motels, as further defined in Section D. herein.
h)
Antennas, as further defined in Section E. herein.
i)
Light Industry, as further defined in Section F. herein.
j)
Retail, Office or Consumer services Complex, as further defined in Section G. herein.
k)
All proposed uses in the Town Center District that are not prohibited per Article V, Section B.
[Added 10-27-2004]
l)
Agriculture - special events.
[Added 6-8-2015 by Ord. No. 2015-06-08]
2.
Designation as a special use permit does not constitute an authorization or an assurance that such use will be permitted. Rather, each application for a special use permit shall be evaluated as to its probable effect on the adjacent property, the neighborhood and on the community and may be approved or denied as the findings indicate appropriate.
3.
Nothing herein contained shall preclude the Zoning Board of Review from granting multiple special use permits for a single project or proposal or to condition the granting of one (1) or more special use permits upon the implementation or completion of one (1) portion of a project, a master plan for which is submitted at the time of the application for special use permits. (See also Article X, Special Conditions.)
4.
In granting a special-use permit, the Zoning Board of Review may grant one (1) or more dimensional variances, per the provisions of Article VI, Section D. Variances.
[Added 2-4-2008]
a)
Dimensional variances granted in conjunction with a special-use permit shall be supported by independent evidence on the record satisfying each of the requirements for a dimensional variance, and the Board shall vote on each dimensional variance before voting on the special-use permit.
5.
Items to be considered when granting a special use permit include, but are not limited to, the following:
a)
The desired use will not be detrimental to the surrounding area;
b)
It will be compatible with neighboring land uses.
c)
It will not create a nuisance or a hazard in the neighborhood.
d)
Adequate protection is afforded to the surrounding property by the use of open space and planting;
e)
Safe vehicular access and adequate parking are provided;
f)
Control of noise, smoke, odors, lighting and any other objectionable feature is provided;
g)
Solar rights of the abutters are provided for;
h)
The proposed special use will be in conformance with the purposes and intent of the comprehensive plan and the zoning ordinance of the Town of Portsmouth; and
i)
The health, safety and welfare of the community are protected.
6.
The Zoning Board of Review may, at its option, impose special conditions on any Special Use Permit, as further defined in Article X. Special Conditions.
7.
Where these regulations may conflict with other regulations, the more stringent regulation shall prevail.
8.
Expiration. Any special use permit which is not utilized within a period of one (1) year from the date of the signing of the decision granting said Special Use Permit1 shall be void unless, upon written request of the applicant and good cause shown, the Zoning Board of Review, following a public hearing thereon, grants an extension of not more than one (1) year. Not more than a single, one (1) year extension may be granted following any one public hearing. The Zoning Board of Review shall not grant successive extensions which total more than two (2) years on any project, (excluding any extensions granted prior to enactment of this amendment).
a)
If written proof from the Portsmouth Water and Fire District is provided showing that the applicant is unable to secure a tie-in to the Portsmouth Water and Fire District's water supply, then the Zoning Board of Review shall grant an extension for a period of one (1) year, provided that the applicant demonstrates reasonable diligence in attempting to secure such tie-in.
b)
In the event an application for extension is filed prior to the passage of one (1) year from date the signing of the decision granting said Special Use Permit, or the end of any subsequent extension term thereof, the special use permit shall remain in force and effect until the Zoning Board of Review has acted on said application for extension.
[Amended 8-10-2004]