Conditional Permitted Uses are permitted whenever the Planning Board determines upon review that the Conditional Use criteria have been met. The burden is on the applicant to demonstrate that proposed development meets the Conditional Use criteria, but upon satisfactory demonstration of compliance with the criteria, and subject to any conditions applied by the Planning Board to meet those specific criteria, Conditional Permitted Uses have the same inherent rights under the Zoning Ordinance as Permitted Uses.
Standards Applicable to Conditional Permitted Uses: It shall be the responsibility of the applicant to demonstrate that the proposed use meets all of the following criteria. The Board shall approve the application unless it makes written findings that one or more of these criteria have not been met:
1. Will be compatible with the general character of the neighborhood with regard to design, scale, and bulk of proposed structures;
2. Will not have a significant detrimental effect on the use and peaceful enjoyment of abutting property as a result of noise, vibrations, fumes, odor, dust, light or glare.
3. Will not have a significant adverse effect on adjacent or nearby property values;
4. Will not result in significant hazards to pedestrian or vehicular traffic or significant traffic congestion;
5. Will not result in significant fire danger;
6. Will not result in significant flood hazards or flood damage, drainage problems, ground or surface water contamination, or soil erosion;
7. Will be served adequately by, but will not overburden, existing public services and facilities, including fire protection services, roads, water and storm drainage systems.
Upon a showing that a proposed use is a Conditional Permitted Use in the district where it is to be located, a Conditional Permitted Use permit shall be granted unless the Board determines that the proposed use will not meet one of the standards set forth in paragraphs 1. through 7. of this subsection, due to unique or distinctive characteristics or effects associated with the proposed use or its location which differ substantially from the characteristics or effects which would normally occur from such a use in that district. In order to have “significant” impacts adequate to deny a permit, a proposed Conditional Permitted Use must have impacts that are measurable by objective standards and are readily apparent to disinterested parties.
Conditions Attached to Conditional Permitted Uses: Upon consideration of the factors listed above, the Planning Board may attach such conditions, in addition to those specifically required in this Ordinance that it finds necessary to further the purposes of this ordinance. Violation of any of these conditions shall be a violation of this Ordinance. Such conditions may include, but are not limited to specifications for:
1. Type of vegetation used for buffering;
2. Increased setbacks and yards;
3. Specified sewage disposal and water supply facilities;
4. Landscaping and planting screens;
5. Period of operation;
6. Operational controls;
7. Professional inspection and maintenance;
8. Deed restrictions, restrictive covenants;
9. Locations of parking and signs; type of construction; or
10. Any other conditions necessary to fulfill the purposes of this ordinance.
In evaluating each application the Board may request the assistance of the County Soil and Water Conservation District, a State or Federal agency, or consultant which can provide technical assistance.
