The purpose of this article is to provide for
certain uses which cannot be well adjusted to their environment in
particular locations with full protection offered to surrounding properties
by rigid application of the district regulations. These uses are generally
of a public or semipublic character and are essential and desirable
for the general convenience and welfare, but because of the nature
of the use, and importance of relationship to the Comprehensive Plan,
and possible impact, not only on neighboring properties, but on a
large section of the Town, require the exercise of planning judgement
on location and site plan.
A.
The Board of Appeals in accordance with the procedures
and standards of this chapter may authorize the following buildings,
structures, and uses as conditional uses in the specific instances
and particular districts set forth, provided that the location is
appropriate and not in conflict with the Comprehensive Plan, that
the public health, safety, morals, and general welfare will not be
adversely affected, that adequate off-street parking facilities will
be provided, and that necessary safeguards will be provided for the
protection of surrounding property, persons, and neighborhood values,
and further provided that the additional standards of this article
are complied with. Unless otherwise specified in this article or specified
as a condition of approval, the height limits, yard spaces, lot area,
and sign requirements shall be the same as for other uses in the district
in which the conditional use is located.
B.
No conditional use shall be authorized unless the
Board of Appeals finds in each specific case that the establishment,
maintenance, or operation of the conditional use from the evidence
produced at the public hearing meets the standards set forth in this
article. The applicant for a conditional use shall have the burden
of proof, which shall include the burden of going forward with the
evidence and the burden of persuasion on all questions of fact which
are to be determined by the Board.
C.
As a further guide to the Board's decision upon the
facts of each case, they shall give consideration to the following,
where appropriate:
(1)
The nature of the proposed site, including its size
and shape and proposed size, shape, and arrangement of structures.
(2)
Traffic conditions including the resulting traffic
patterns.
(3)
The nature of the surrounding area and the extent
to which the proposed use might impair its present and future development.
(4)
The proximity of dwellings, churches, schools, public
structures, and other places of public gatherings.
(5)
The probable effect of the proposed use upon the peaceful
enjoyment of people in their homes.
(6)
Facilities for sewers, water, schools, transportation,
and other services, and the ability of the county or Town to supply
such services.
(7)
The limitations of fire-fighting and rescue equipment,
and the means of access for fire and police protection.
(8)
The preservation of cultural and historic landmarks
and trees.
(9)
The probable effect of noise, vibration, smoke and
particulate matter, toxic matter, odorous matter, fire and explosion
hazards, or glare upon the uses of surrounding properties.
(10)
The purpose and intent of this chapter as set
forth in its other sections.
(11)
The most appropriate use of land and structure.
(12)
The conservation of property values.
(13)
The contribution, if any, such proposed use,
building or addition would make toward the deterioration of areas
and neighborhoods.
[Amended 11-3-2003 by Ord. No. 2003-10]
Buildings structures, and uses for which conditional
uses may be authorized and the additional standards relative thereto
are as follows:
A.
Cemeteries, including a crematorium, provided that:
(1)
The minimum area of the cemetery shall be 10 acres,
unless associated with a church or limited to use by a family.
(2)
Arrangements are made satisfactory to the Town Attorney
for perpetual maintenance of the cemetery.
(3)
A crematorium shall be located at least 200 feet from
the boundaries of the cemetery.
C.
Churches, rectories, parish houses, convents and monasteries,
temples, and synagogues.
D.
Clinics, animal veterinary service.
E.
Commercial greenhouses, wholesale or retail.
F.
Convalescent homes, nursing homes, or homes for the
aged.
G.
Day nurseries or child-care centers.
H.
Docks, piers, bulkheads, and other over-water structures,
except private over-water piers and boathouses accessory to a dwelling.
I.
Dwellings and living quarters in the Limited Industrial
District, provided that the maximum density shall not exceed that
permitted in the R-3 Multiple-Family Residential District.
J.
Excavation, borrow pits, extraction, removal of sand,
gravel, or stone, stripping of topsoil (but not including stripping
of sod), other than for construction of swimming pools and foundations
for buildings and other than those approved in connection with a street,
subdivision, or planned residential development, provided that:
(1)
The conditional use shall be for a period not to exceed
three years.
(2)
No material may be brought from off the site for processing,
mixing, or similar purposes.
(3)
The excavating or extraction operation shall be controlled
to offer reasonable protection to surrounding properties and the neighborhood,
particularly as regards use of any residential streets for access
to the site.
(4)
The operation shall be conducted so as not to be ecologically
detrimental to the wetlands, streams, rivers, and other essential
waterways.
(5)
The location of the excavation or extraction with
respect to property lines, the depth of excavation, and relation to
the water table or flood criteria, and the slope of the sides of the
excavation shall be controlled to prevent a continuing, unsightly,
hazardous or wasteful condition of the land.
(6)
At the conclusion of the operation, the operator of
such use shall be required to reestablish a uniform contour of the
ground level and shall provide a suitable ground cover.
(7)
Such conditional use shall comply with all state and
county regulations.
K.
Exposition center.
L.
Golf courses, including miniature golf courses, putting
greens, driving ranges and similar activities operated as a business
and including a building for a golf shop, locker room, and snack bar
as an accessory use to a permitted golf course, provided that no such
building is located closer than 100 feet to adjoining property lines.
Practice greens and tees may accompany a standard nine-hole or eighteen-hold
golf course occupying at least 75 acres.
M.
Heliports and helistops.
N.
Hospitals and sanitariums.
O.
Institutions, educational or philanthropic, including
museums, art galleries, and libraries.
P.
Marinas and yacht clubs, provided that:
(1)
The marina or yacht club complies with all other codes,
regulations, laws and ordinances, including those relating to the
establishment of bulkhead lines.
(2)
The proposed design is satisfactory as regards such
safety features as location of fueling points, fuel storage, effect
on navigation, and possibilities for water pollution.
(3)
The marina or yacht club is properly located with
respect to access roads and existing and future developed areas.
(4)
The necessary approval is obtained from the United
States Army Corps of Engineers.
(5)
Site plans shall be submitted to and approved by the
Planning and Zoning Commission.
Q.
Private clubs.
R.
Undertaking.
S.
Veterinary clinics.
[Amended 3-17-2009 by Ord. No. 2009-05]
T.
Recreational uses, such as swimming, tennis and athletic
clubs, commercially operated, provided that the facilities shall be
limited to those for games and uses such as swimming, shuffleboard,
croquet, or tennis. Activity areas and buildings shall not be located
closer than 50 feet to any lot line. All such facilities must be located
on a site having a minimum of two acres.
U.
Riding academies, public stables, or private stables.
V.
Rooming, boarding- , and lodging houses.
W.
A determination, in cases of uncertainty, of the district
classification of any use not specifically named in these regulations;
provided, however, that such use shall be in keeping with uses specifically
permitted in the districts in which such use is to be classified.
X.
Warehouses.
Y.
Paintball
game field (C-1 only), provided that:
[Added 5-16-2006 by Ord. No. 2006-09]
(1)
The
property is at least one acre in size;
(2)
The
paintball game field shall be completely enclosed on all sides by
security fencing/netting or landscape barrier of a sufficient height
as determined by the Board of Appeals;
(3)
The
paintball game field shall be setback at least 50 feet on all sides,
at least 450 feet from any roadway, and at least 100 feet from any
residential dwelling unit;
(4)
The
paintball game field shall only be operated during daylight hours
(dawn to dusk).
(5)
The
paintball game field shall be appropriately staffed at all times.
As part of its findings, the Board of Appeals shall make a finding
as to the minimum number of staff/personnel that shall be on-site
at all times.
(6)
The
paintball game field operator shall make available and require the
participants to wear the appropriate protective gear.
(7)
The
paintball game field satisfies any other conditions the Board of Appeals
deems appropriate given the property location and configuration.
Prior to the granting of any conditional use,
the Board of Appeals may impose such conditions and restrictions upon
the establishment, locations, construction, maintenance, and operation
thereof as deemed necessary to reduce or minimize any effect of such
use upon other properties in the neighborhood, and to secure compliance
with the standards and requirements specified in this article. In
cases in which a conditional use is granted, the Board of Appeals
may require such evidence and guarantees as it deems necessary as
proof that the conditions imposed in connection therewith shall be
met and complied with. Failure to comply with such conditions or restrictions
imposed shall constitute a violation of this chapter.
A.
A preliminary site plan complying with the requirements
of this article shall accompany an application for approval of a conditional
use together with such data and information as may be required for
a determination of the nature of the proposed use and its effect on
the Comprehensive Plan, the neighborhood, and surrounding properties.
C.
The following regulations and procedures for approval
of site plans shall apply:
(1)
Three copies of a preliminary site plan shall be filed
with the Board through the Administrator. The preliminary site plan
shall comply with the requirements of this article and be accompanied
by such other written or graphic material as may be necessary or desirable
in aiding the decisions of the Board and the Planning and Zoning Commission.
(2)
The Planning and Zoning Commission shall review the
site plan for compliance with the requirements of this chapter. Before
recommending approval of a site plan, the Planning and Zoning Commission
may make reasonable additional requirements, including but not limited
to those which may be imposed by the Board of Appeals under this article,
and especially requirements as to utilities, drainage, landscaping
and maintenance thereof, lighting, signs and advertising devices,
screening, accessways, curb cuts, traffic control, height of buildings
and setback of buildings, to protect adjoining residentially zoned
lots or residential uses. The site plan shall be amended in accordance
with the requirements of the Planning and Zoning Commission and be
submitted to the Board of Appeals with the Planning and Zoning Commission's
recommendation.
(3)
Following approval by the Board of Appeals, a final
site plan in the form of a final plat shall be prepared, filed, and
recorded. This final plat shall comply with the specifications of
the Board and the requirements of this article and applicable laws,
regulations, and ordinances governing the subdivision of land.[1] Permits shall be issued in accord with the approved, filed,
and recorded plat.
(4)
If required by the Board, a surety bond or other security
or acceptable guarantee shall be filed for or deposited in escrow
with the Board of Appeals, in an amount sufficient to insure completion
of requirements as may be imposed by the Board.
Approval of a conditional use under this article
shall be valid for a period of one year after the date of approval
and thereafter shall become null and void unless construction or use
is 51% complete during a one-year period, or unless an extension of
time, not exceeding one year, is approved by the Planning and Zoning
Commission and for good cause shown, before the expiration of said
one-year period.
Any conditional use listed in § 245-122 above, legally existing at the effective date of the regulations of this article, shall be considered a conforming use.
Whenever an application for a conditional use
has been denied by the Board of Appeals, such application, or one
substantially similar, shall not be reconsidered sooner than one year
after the previous denial.
Permits issued under a conditional use approval
may be revoked by the Board of Appeals for failure to comply with
conditions of approval of applicable regulations.
