In authorizing any special permit, the Board of Appeals shall
take into consideration the public health, safety and general welfare
and the comfort and convenience of the public in general and that
of the immediate neighborhood in particular. For every such special
permit use, the Board of Appeals shall determine, as applicable, that:
A.
Such use will be in harmony with and promote the general purposes
and intent of this chapter.
B.
Such use will be in harmony with the permitted uses in the general
area of the property and shall not be detrimental to such uses.
C.
The proposed use will not have a significant adverse impact on adjacent
properties.
D.
The lot shall be of sufficient size, appropriate and adequate for
the proposed use and the reasonably anticipated operation and expansion
thereof.
E.
The proposed use conforms to any special requirements or conditions
as set forth hereafter.
F.
Access facilities, entrances and exits shall not have the effect
of creating traffic congestion or a potentially unsafe condition.
In this regard the Board of Appeals shall consider the estimated traffic
to and from the site and the use of the site by customers and/or the
public. Vehicle entrances and exits shall be clearly visible from
the street.
G.
All proposed curb cuts and/or driveways have been approved by the
appropriate agency or agencies having jurisdiction.
H.
There are adequate off-street parking and loading facilities sufficiently
constructed for the anticipated number of occupants, both employees
and patrons or visitors, and further that the layout for the spaces
and driveways adequately addresses all safety issues.
I.
There is adequate buffering and screening between the proposed site
and adjoining properties in order to adequately protect the characteristics
and uses of the adjacent properties and land uses.
J.
The applicant shall demonstrate that there is an adequate supply
of water to the site and that adequate provisions have been made for
sewage, refuse or other waste.
K.
The applicant shall demonstrate that there has been adequate provision
for the collection and disposal of all drainage and stormwater runoff
from the site.
L.
The proposed use shall be in compliance with all applicable design
standards as set forth in this chapter.
M.
The location, size of the use, nature and intensity of the operations,
site layout and its relation to streets and highways giving access
to the site shall be such that the proposed use will not be hazardous,
inconvenient or detrimental to the neighborhood. In applying this
standard, the Board shall consider, among other things, convenient
and safe routes of pedestrian traffic, particularly of children, relation
to main traffic thoroughfares and to street and road intersections,
and the general character and intensity of the development of the
neighborhood.
N.
The applicant has secured all necessary permits from any federal,
state or local authority, including site plan approval; provided,
however, that the Board of Appeals may, in its sole discretion, grant
conditional approval and establish a time frame for final approval
upon the issuance of any required permits. In this regard, the applicant
shall demonstrate that all necessary permits have been applied for.
Conditional approval shall not be applicable for permits required
for ingress and egress.
O.
The applicant has demonstrated compliance with all wetlands and all
flood zone regulations.
P.
The proposed use shall have adequate lighting, but such lighting
will not shine directly on or result in unnecessary glare to adjacent
properties.
No authorization for a building shall be granted by the Board of Appeals for any use listed in this section, unless the Board of Appeals shall specifically find that, in addition to meeting all the general standards set forth in § 280-27, the proposed special permit use also meets the special conditions and safeguards required in this section or as otherwise set forth in this chapter.
Philanthropic institutions, convents, hospitals, clinics, sanitariums
and nursing and convalescent homes shall conform to the following
additional regulations:
Outdoor drive-in theaters shall be governed by the following
regulations:
A.
Projection screens and parking areas shall be no closer than 50 feet
to any street line and no closer than 100 feet to a residential district.
B.
Projection screens shall not be visible from any major street.
C.
All parking areas, accessways and driveways shall be paved with dustless
material.
D.
Loudspeakers shall be limited to the individual type designed to
be heard by the occupants of one car.
E.
Entrances and exits shall connect only to major streets and shall
be designed so as not to interfere with or impede traffic flow.
F.
Entrance car reservoir spaces shall be provided to accommodate no
less than 5% of the theater's parking capacity.
Excavations and earthmoving operations which are not incidental
to construction of a building shall be governed by the following requirements:
A.
All excavation operations shall not adversely affect drainage or
structural safety of adjoining lots and buildings. They shall not
contribute to soil erosion by wind or water or create or involve any
kind of noisome or injurious substances, conditions or operations.
B.
Open excavations deeper than 10 feet or having a slope greater than
30° from the horizontal shall be surrounded by a fence at least
six feet high and no closer than 50 feet to the edge of the excavation
or other hazardous condition.
C.
The slope of a pile of any material excavated shall not exceed its
normal angle of repose.
D.
No excavation shall take place closer than 100 feet to a vertical
plane created by the projection of any length of the lot line vertically
into the ground, nor shall any mechanical equipment be stationed or
supplies or excavated material stored any closer than 100 feet to
the lot line.
E.
Before any excavation starts, plans shall be submitted to the Board
of Appeals indicating:
(1)
Existing topography, showing contour lines at vertical intervals
of no more than two feet; drainage courses and other pertinent physical
conditions; areas to be excavated; and the extent of such excavations.
(2)
Proposed rehabilitation of the area after excavation operations cease,
including finished grades, drainage and such other information as
is necessary to fully explain the site conditions after operations
cease.
(3)
All drawings and plans shall be approved by the Permit Administrator
prior to consideration by the Board of Appeals.
F.
Before any excavations are made, performance bonds shall be posted
with the City Clerk in an amount equal to the estimated cost of rehabilitation
of the site as determined by the Permit Administrator, except that
none of the foregoing provisions shall apply to installation, construction,
erection, laying, repair, maintenance and removal of electric, telephone
and gas lines.
G.
Prior to the release of any performance bonds, the Permit Administrator
shall certify that the finished grades, drainage and other features
pertinent to rehabilitation of the land all conform to the plans,
or modifications thereof, approved by the Board of Appeals, and that
topsoil to a depth of six inches has been distributed over all excavated
portions of the site being rehabilitated.
In any district, the dumping of refuse and waste material for
landfill is prohibited. Loam, rock, stone, gravel, sand, cinders and
soil may be used for landfill to grades approved by the Permit Administrator
only if approved by permit. No landfill shall commence until a permit
has been issued. Applications for landfill permits shall be made by
the property owner to the Permit Administrator on forms he shall prescribe.
No landfill permit shall be issued until the application has been
approved by the Common Council following its referral to the Permit
Administrator. The Permit Administrator may refer a request, when
he deems it necessary, to the Planning Board for an advisory opinion.
The Council, from time to time, shall establish a schedule of fees
to defray administrative costs involved in processing the application.
In all districts where permitted, gasoline or motor vehicle
service stations shall comply with the following special regulations:
A.
A gasoline station lot shall not be located within 200 feet of any
lot occupied by a school, public library, theater, religious institution,
hospital, fire station or other public gathering place unless a street
lies between such establishment and the gasoline station. Measurement
shall be made between the nearest respective lot lines.
B.
Lot size shall be at least 20,000 square feet.
C.
Lot frontage shall be at least 150 feet.
D.
Lot depth shall be at least 125 feet.
E.
Pumps and lubricating and other service devices shall be located
at least 35 feet from front lot line and side and rear lot lines.
F.
All fuel and oil shall be stored at least 20 feet from any property
line.
G.
All automobile parts and dismantled vehicles are to be stored within
an enclosed building; no repair work is to be performed outside a
building.
H.
No signs shall extend beyond pumps nor exceed 20 feet in height.
I.
There shall be no more than two access driveways from the street.
The maximum width of each access driveway shall be 40 feet.
J.
A suitably curbed landscaped area shall be maintained at least five
feet in depth along all street frontage not used as a driveway.
K.
No automobile service establishment shall have an opening in the
roof, side or rear walls less than 15 feet from any lot line.
In all districts where permitted, public utility substations
and facilities shall comply with the following special regulations:
