There are certain uses which, because of their nature, cannot
be distinctly classified or regulated so as to be uniformly permitted
in a particular zoning district, without:
Careful consideration of the impact of such uses upon the site
and surrounding area. Careful evaluation of the public need for such
uses in the particular locations proposed.
Such uses, therefore, shall be treated individually through
the use of a special exception regulation.
The following conditions and criteria shall be met by all uses
permitted only by special exception. The Commission shall not grant
a special exception unless it finds that all these criteria have been
or will be met.
11.01.410 Use requirements. The proposed
use shall:
(a) Satisfy the criteria in of the Site Development
section.
(b) Be consistent with the intent and purpose of these
regulations.
(c) Comply with all applicable sections of these regulations
and all other applicable Town and State laws, ordinances, regulations
or codes, including, without limitation, the Town Sanitary Code, and State Health Code.
(d) Be consistent with the purpose and intent of the
Plan of Conservation and Development, and the proposed use is one
which is permitted to be established within the district in which
the subject site is located, subject to the approval of a special
exception.
11.01.420 Condition requirements. The following
conditions shall be met:
11.01.421 The location, type, character,
and size of the use, and of any building or other structure shall
be in harmony with the appropriate and orderly development of the
town and the neighborhood, and will not hinder or discourage the appropriate
development and use of adjacent property.
11.01.422 The architectural design, type, size, location,
and use of any structure shall be in harmony and consistent with the
design of other buildings on the lot and neighboring properties within
1,000 feet of the perimeter of the lot for which the special exception
is sought.
11.01.423 The proposed use shall not depreciate adjacent
property values.
11.01.424 Construction proposed on the site shall be
carried out so as to utilize the site in a manner which results in
the least defacement of the natural features thereon, such as trees,
rock outcroppings, etc.
11.01.425 The site on which the proposed use is to
be located shall be suitably landscaped to protect the neighborhood
and adjacent property, and the proposed use of the property will not
result in the loss of any existing buffering. Adequate buffering shall
be provided between the proposed use and the adjacent property shall
be provided.
11.01.426 The nature and location of the proposed use,
and of any building or other structure in connection therewith, is
such that there is adequate access to it for the purpose of fire protection,
police protection, and other emergency services.
11.01.427 The streets serving the proposed use shall
be adequate to carry all prospective traffic. Adequate provision shall
be made for entering and leaving the subject site in such a manner
that no undue hazard to traffic or undue traffic congestion shall
be created.
11.01.428 The lot shall contain the minimum area required
for the special exception use.
In granting any special exception the Commission may impose
conditions as appear to the Commission to be reasonable to protect
or promote:
(a)
The rights of individuals;
(d)
Public health, safety, and welfare;
(e)
Sound planning and zoning principles;
(f)
Improved land use, site planning and land development; and
(g)
The better overall neighborhood compatibility.
Such restrictions may concern, without limitation, the components
of the site plan: building location, size and layout, distribution
of and relationship between uses and structures, vehicular and pedestrian
circulation, parking, open space, landscaping and screening, signs
and lighting, and the design and architectural treatment of all structures.
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[Added 7-26-2010]
A special exception may be withdrawn under the following conditions:
11.01.710 If a building permit has
not been obtained within two years as specified Section 595-11.01.620,
the special exception shall become null and void.
11.01.720 Whenever the Commission shall
find, in the case of any special exception granted under the provisions
of this section, that any of the terms, conditions, or restrictions
upon which such approval was granted are not being complied with,
the Commission may rescind and revoke such approval after giving due
notice to the owner of record of the property involved and the applicant
for the special exception.