[Ord. 2012-20 § 2; Ord. No. 856, § 2; Ord. No. 893, § 6; Ord. No. 1031, §§ 7, 8; Ord. No. 82-17, § 9; Ord. No. 84-31, § 5; Ord. No. 86-14, § 5; Ord. No. 90-12, § 6; Ord. No. 92-37, § 10; Ord. No. 94-19, § 4; Ord. No. 94-22, § 3; Ord. No. 95-5, § 3; Ord. No. 95-26, § 1; Ord. No. 96-18; Ord. No. 98-20, § 2; Ord. No. 2002-8, § 3; Ord. No. 2006-11, § 2 declared invalid and removed; Ord. No. 2010-11, § 3; Ord. No. 2012-20; Ord. No. 2017-8 § 3; Ord. No. 2017-51 § 1]
In the following table, the uses listed are permitted as conditional uses in those districts that are indicated by an asterisk, but only by approval granted by the planning board in accordance with the provisions of this division, and only if all the regulations applicable to the district, except as hereinafter modified, are complied with. The conditional uses listed in the table are in addition to uses allowed as conditional uses elsewhere in this article. The absence of an asterisk (*) for any district in the table does not necessarily mean that the conditional use is prohibited in that district. Reference should be made to other parts of this article that are applicable.
Conditional Uses Table
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
S-2
*
*
*
*
*
*
S-1
*
*
OR-1
*
*
*
*
*
*
OR-2
*
*
*
*
*
*
*
E-1 & 2
*
*
*
*
*
*
*
*
E-3
E-4
*
*
*
SC
*
*
B-2
*
*
B-1
*
*
*
*
POR
*
*
*
R-A to R-M
*
*
*
*
*
*
*
*
R-HF-W (Subzone A)
*
R-T
*
R-A/AH
(a) 
All facilities owned and operated by the municipality, the county, the state or the United States of America, including parks and playgrounds.
(b) 
Railroad and public utility buildings, installations and rights-of-way needed to serve the general welfare of all or a significant part of the community, including, but not limited to, pumping stations, electrical substations, transformers, and high tension towers and wires; provided, that the planning board determines that no other reasonable location in a less restricted district can be used for the purpose contemplated. PWTFs and PWTEFs shall not be deemed a public utility.
(c) 
Farming on a lot of less than three acres.
(d) 
Public and private day schools not for pecuniary profit which give instructions in any grades from pre-kindergarten to grade 12, both inclusive, and uses customarily accessory thereto; provided, that the school sites conform to the standards set forth in section 300 of the "Guide for School-House Planning and Construction, 1969," adopted by the State Board of Education.
(e) 
Child day care facilities, adult day care facilities, and nursery schools, including pre-schools.
(f) 
Nonprofit membership clubs for outdoor sports, including swim clubs, having no nuisance factors.
(g) 
Places of worship permitted in all zones in accordance with section T10B-272.30 et seq.
(h) 
Nursing homes and assisted living residences in accordance with section T10B-272.40 et seq. Nursing homes and assisted living facilities are not permitted as a conditional use in any portion of the R-A or R-B zoning districts or in any portion of the R-T zoning district which is designated as R-SMO.
(i) 
Cemeteries.
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
S-2
*
S-1
*
*
OR-1
*
OR-2
*
E-1 & 2
*
*
*
E-3
E-4
SC
B-2
*
B-1
*
POR
*
R-A to R-M
*
*
*
R-HF-W (Subzone A)
R-T
*
R-A/AH
*
*
R-2AH
*
(j) 
Camps for children owned or operated by tax exempt eleemosynary organizations, such as the YMCA, YWCA and the Boy Scouts and Girl Scouts. Such camps shall be on lots of not less than 10 acres.
(k) 
Repealed by Ord. No. 2017-8.
(l) 
Volunteer first aid and rescue squad units and volunteer fire companies. Nonprofit first aid and rescue squad facility with supportive housing for emergency service volunteers are permitted in the R-7 zone only in accordance with Section T10B-272.72 and volunteer fire companies are permitted in the other zones indicated by an * (asterisk).
(m) 
Car washes.
(n) 
Continuing care retirement communities in accordance with section T10B-272.20, et seq. Continuing care retirement communities are designated as conditional uses in the following zoning districts R-A, R-B, R-1, R-2, R-3, R-T, R-1/AH, OR-1, and OR-2, but not in an HP or HPB overlay district.
(o) 
Golf course/club in accordance with section T10B-272.26 et seq. Golf course/clubs are designated as conditional uses in the following: R-A, R-B, R-1, R-1/AH, and E-2.
(p) 
PWTFs and PWTEFs in accordance with sections T10B-272.50 et seq.
(q) 
Environmental education, land preservation and educational uses as permitted in section T10B-272.69.
[Ord. No. 856, § 2.]
In making its decision on an application for approval of a conditional use, the planning board shall take no action which will substantially impair the intent or purpose of this article. The board may attach such terms and conditions to an approval of such application as in its judgment will preserve such public good or such intent or purpose, and shall be guided by the following principles:
(a) 
The local need for the proposed facilities and whether or not the same is adequately served by existing facilities within feasible distance of the area to be served.
(b) 
The existence of nuisance factors, and whether or not adequate shielding by way of landscaping or distance from the nearest property line is provided to minimize any such factors.
(c) 
The effect of the amount of traffic which the proposed use may reasonably generate upon existing streets, the safety of nearby uses such as schools or other places of congregation or public service, the peace and quiet of nearby property and the use of public right-of-way for parking, service or any other purpose.