Requirements for special permit.
In authorizing any special permit, the Board of Appeals shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and that of the immediate neighborhood in particular. For every such special permit use, the Board of Appeals shall determine, as applicable, that:
A. Such use will be in harmony with and promote the general purposes and intent of this chapter.
B. Such use will be in harmony with the permitted uses in the general area of the property and shall not be detrimental to such uses.
C. The proposed use will not have a significant adverse impact on adjacent properties.
D. The lot shall be of sufficient size, appropriate and adequate for the proposed use and the reasonably anticipated operation and expansion thereof.
E. The proposed use conforms to any special requirements or conditions as set forth hereafter.
F. Access facilities, entrances and exits shall not have the effect of creating traffic congestion or a potentially unsafe condition. In this regard the Board of Appeals shall consider the estimated traffic to and from the site and the use of the site by customers and/or the public. Vehicle entrances and exits shall be clearly visible from the street.
G. All proposed curb cuts and/or driveways have been approved by the appropriate agency or agencies having jurisdiction.
H. There are adequate off-street parking and loading facilities sufficiently constructed for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout for the spaces and driveways adequately addresses all safety issues.
I. There is adequate buffering and screening between the proposed site and adjoining properties in order to adequately protect the characteristics and uses of the adjacent properties and land uses.
J. The applicant shall demonstrate that there is an adequate supply of water to the site and that adequate provisions have been made for sewage, refuse or other waste.
K. The applicant shall demonstrate that there has been adequate provision for the collection and disposal of all drainage and stormwater runoff from the site.
L. The proposed use shall be in compliance with all applicable design standards as set forth in this chapter.
M. The location, size of the use, nature and intensity of the operations, site layout and its relation to streets and highways giving access to the site shall be such that the proposed use will not be hazardous, inconvenient or detrimental to the neighborhood. In applying this standard, the Board shall consider, among other things, convenient and safe routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections, and the general character and intensity of the development of the neighborhood.
N. The applicant has secured all necessary permits from any federal, state or local authority, including site plan approval; provided, however, that the Board of Appeals may, in its sole discretion, grant conditional approval and establish a time frame for final approval upon the issuance of any required permits. In this regard, the applicant shall demonstrate that all necessary permits have been applied for. Conditional approval shall not be applicable for permits required for ingress and egress.
O. The applicant has demonstrated compliance with all wetlands and all flood zone regulations.
P. The proposed use shall have adequate lighting, but such lighting will not shine directly on or result in unnecessary glare to adjacent properties.
Special conditions and safeguards for certain special permit uses.
No authorization for a building shall be granted by the Board of Appeals for any use listed in this section, unless the Board of Appeals shall specifically find that, in addition to meeting all the general standards set forth in
§ 280-27: Requirements for special permit , the proposed special permit use also meets the special conditions and safeguards required in this section or as otherwise set forth in this chapter.
Special permits.
A. Application and issuance of special permit. On referral by the Permit Administrator after application has been made to him for a building permit, or on direct application, the Board of Appeals is hereby authorized to issue a special permit for any use for which this chapter requires the obtaining of such permit from the Board of Appeals, subject to applicable regulations of this chapter.
B. Referral to Planning Board. At least 45 days before the date of public hearing held in connection with any application for a special permit submitted, the Board of Appeals shall transmit to the Planning Board a copy of said application, and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said application. The Planning Board shall submit a report of such advisory opinion prior to the date of said public hearing. The failure of the Planning Board to submit such report shall be interpreted as a favorable opinion for the granting of the special permit applied for.
C. Time limit, transfer and revocation. The Board of Appeals shall grant all special permits with no time limit for specified use approved by the special permit. Transfer of use to a new owner shall require the same conditions and requirements as specified in the granted special permit. Any special permit granted by the Board of Appeals is revocable or subject to reconsideration (rehearing) should any problem arise resulting from the use thereof, based on referral to the Board by the Permit Administrator.
D. Submission of plans. Each application for a special permit shall be accompanied by three copies of a proposed site plan The location of the subject lot and all streets within a radius of 1,000 feet shall be shown on a separate drawing.
