[Amended 4-7-1998 by L.L. No. 4-1998]
A. After due public notice and hearing and after taking
into consideration the public health, safety and general welfare and
subject to appropriate conditions and safeguards, the Board of Appeals
may issue special permits for any of the uses for which this chapter
requires the obtaining of such permit or for the extension of a building
or use which existed at the time of passage of this chapter into a
contiguous more restrictive district for a distance not exceeding
50 feet, but not for any other use or purpose.
B. After due public notice and hearing and after taking into consideration the public health, safety and general welfare and subject to appropriate conditions and safeguards, the Planning Board may issue special permits for telecommunication towers and related facilities or for collocation upon existing towers or tall structures as provided in §
149-50.1 hereof.
When applying for a special use permit, the
applicant shall provide the Zoning Board of Appeals with a completely
documental description of the proposed use, including maps, plans
and an explanation indicating why the proposed use would be in the
public interest. After review of the application, the Board of Appeals
may request such additional information as it deems necessary to fully
and adequately review the proposed use. Such information may include,
but not be limited to:
A. Topographic and boundary surveys.
B. Soils test and information.
D. Location of watercourses, wetlands and floodplains.
E. Grading and drainage plan.
F. Location, use and height of all buildings.
G. Location, design and construction materials of all
parking and truck-loading areas, with access and egress drives thereto.
H. Provisions for pedestrian access.
I. Location of outdoor storage, if any.
J. Location, design and construction materials of all
existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
K. Description of the method of sewage disposal and location,
design and construction materials of such facilities.
L. Description of the method of securing public water
and location, design and construction materials of such facilities.
M. Location of fire and other emergency zones, including
the location of fire hydrants.
N. Location, design and construction materials of all
energy distribution facilities, including electrical, gas or solar
energy.
O. Location, size and design and construction materials
of all proposed signage.
P. Location and proposed development of all buffer areas,
including indication of existing vegetative cover.
Q. Location and design of outdoor lighting facilities.
R. Designation of the amount of building area proposed
for retail sales or similar commercial activity.
S. General landscaping plan and planting schedule.
T. Other elements integral to the proposed development,
as considered necessary by the Zoning Board, including identification
of any state or county permits required for the project's execution.
After receipt of all required information, as
determined by the Zoning Board, the Zoning Board shall hold a public
hearing and render a decision on the application within 60 days after
the hearing is closed.
The Zoning Board may, at its discretion, refer an application for a special use permit to the Planning Board for an advisory review. The applicant must submit a site plan in triplicate meeting the submittal requirements for a preliminary site plan contained in Article
VI to the Planning Board, except that the Planning Board may waive any portion of the surrounding requirements as it may see fit. The Planning Board shall render an advisory opinion with a statement of its reasons and any suggested modifications to the Zoning Board of Appeals within 30 days of receiving the referral from the Zoning Board of Appeals, which shall consider such opinion in its deliberations. Failure on the part of the Planning Board to render an opinion shall constitute an unfavorable referral.