A.
All special use permits cited in Table A, Schedule of Use Regulations,[1] shall be subject to review and approval by either the Zoning Board of Appeals or the Planning Board as specified. The distinction between the special use permits is indicated in Table A, Schedule of Use Regulations. All Type A special use permits require approval from the Zoning Board of Appeals. All of the Type B special use permits require approval by the Planning Board, with an integrated site plan review and approval, as set forth in Article X of this chapter. No building permit or certificate of occupancy shall be issued by the Zoning Enforcement Officer/Building Inspector for a use requiring a special use permit until approval for the special use permit has been granted by the appropriate board.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
B.
In authorizing any special use permit, the Zoning Board of Appeals and the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Zoning Board of Appeals and the Planning Board shall also take into strict account the specific conditions and applicable supplementary regulations stated in Article V of this chapter and the following general objectives:
(1)
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use, and the location of the site with respect to existing and future streets and roads providing access, will be in harmony with the orderly development of the district in which the proposed use would be located.
(2)
The location, nature and height of the buildings, walls, fences and the nature and intensity of intended operations will not discourage the appropriate development and use of adjacent property.
(3)
All proposed traffic accessways will be adequate but not excessive in number; adequate in width, grade, alignment and visibility; sufficiently separated from street intersections and places of public assembly; and meet similar safety considerations.
(4)
Adequate provision for safe and accessible off-street parking and loading spaces shall be provided.
(5)
All parking and service areas will be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways and the general landscaping of the site shall be in character with the neighborhood. Such landscaping will include the preservation of existing trees to the extent practicable.
(6)
All proposed buildings, structures, equipment and/or material will be readily accessible for fire and police protection.
(7)
The character and appearance of the proposed use, buildings, structures and/or outdoor signs will be in general harmony with the character and appearance of the surrounding neighborhood, will not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would the operations of any permitted principal use and will not adversely affect the general welfare of the inhabitants of the Town of Milan.
(8)
The use will meet the prescribed area and bulk requirements for the district in which located or as further specified in the supplementary regulations, including such matters as minimum setback, maximum height, required off-street parking and sign regulations.
(9)
The level of services required to support the proposed activity or use is or will be available to meet the needs of the proposed activity or use. This consideration should include the suitability of water supply and sanitary sewage facilities to accommodate the intended use.
(10)
The Zoning Board of Appeals and the Planning Board will require additional conditions and safeguards to the special use permit as may be necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.