The Zoning Board shall hear and decide requests for special use permits in accordance with the terms of this chapter, according to the following provisions:
(A) A use, categorized as a special use in Article 6 and elsewhere in this chapter, shall be permitted by the Zoning Board following a public hearing if, in the opinion of the Board, such use in its proposed location meets the following requirements:
(1) It will not result in a significant diminution of properly values in the surrounding area of the district;
(2) It will not create a nuisance in the neighborhood;
(3) That the granting of such special use permit will not be detrimental to or substantially or permanently injure the appropriate use of property in the surrounding area or district;
(4) That the granting of such special use permit will not result in hazardous conditions or conditions inimical to the public health, safety or welfare.
(5) The use will comply with the following criteria subject to its use category:
(a) Agricultural (commercial greenhouse over 20,000 sf).
1. No significant negative impacts to ground or surface water quality.
2. Will not produce glare impacting abutting properties and streets.
3. Will comply with applicable standards in Article 27B.
(b) Residential (single- or two-family dwelling, family day care home). Will not cause significant negative traffic or parking impacts in the neighborhood.
(c) Residential (motel or hotel, multi-family including multi-family dwelling structure, multi-family dwelling project, senior independent living facilities, congregate housing, rest, retirement, convalescent or nursing homes, residential care or assisted living facility).
1. Will not cause significant negative traffic or parking impacts in the neighborhood.
2. If applicable, will comply with standards of Article 14.
3. If applicable, will comply with development standards of Article 15.
4. If applicable, will comply with development standards of Article 21.
5. If applicable, will comply with development standards of Article 22.
6. Will comply with commercial development design standards of App. A, Article 5.
(d) Manufacturing/industrial (earth removal, quarries, sand and gravel lots, storage of bottled gas, oil or other liquid petroleum products, other extractive and industrial non-manufacturing not elsewhere classified, salvage yard operation, Handicraft/custom manufacturing or small-scale craft or artisan- oriented production of goods, food and beverage and related products, brewery/distillery, lumber and wood products including furniture and fixtures; plastics molding, extrusion and/or assembly of plastic parts; rubber, leather, stone, clay or glass products, fabricated metals products, boat building and repairing, gravel processing).
1. No significant negative impacts to ground or surface water quality.
2. Will comply with applicable requirements and standards of Article 27.
3. Will comply with commercial development design standards of App. A, Article 5.
(e) Commercial/office/institutional (restaurant, research or development offices, sales and service offices for fuel oil and bottled gas dealers, miscellaneous professional services not otherwise classified, emergency counseling service or drop-in center, church or other place of worship, library or museum, day nursery school, kindergarten or other agency giving day care, clubs, lodges, social and community centers, professional or musical schools, solar energy system, gasoline or electric vehicle station, automotive repair, service and garages, vehicle body shop, miscellaneous repair shops and related services, vehicle washing establishment, vehicle or equipment rentals, miscellaneous personal services not otherwise classified, miscellaneous business services not otherwise classified, bank or financial institution, hospital/medical center or clinic, trade school, private vocational school, membership athletic clubs, licensed kennels, auto detailing, shopping center, mortuary or funeral home, wholesale distribution establishments, warehousing, self- storage, general merchandise retailing activities, private college or university, preparatory school, elementary or secondary school, crematorium, laundry or dry cleaners).
1. No significant negative impacts to ground or surface water quality.
2. Will not cause significant negative traffic or parking impacts in the neighborhood.
3. Will comply with applicable requirements and standards of Article 27.
4. Will comply with commercial development design standards of App. A, Article 5.
(f) Cannabis-related (compassion center, cannabis retailer, cannabis product manufacturer, cannabis cultivation center, non-residential cooperative cultivation, residential cooperative cultivation, cannabis testing provider).
1. Will comply with applicable requirements and standards of § 727.
2. Will not cause significant negative traffic or parking impacts in the neighborhood.
3. Will comply with commercial development design standards of App. A, Article 5.
(g) Recreational (amusement parks, miniature golf, driving range, pitch and putt, campgrounds, riding academies and schools, drive-in theater, tennis/other outdoor court games, swimming pools, water slides, other water-based amusements, boat liveries, stadia and fairgrounds, motion picture/performing arts theaters, video and amusement arcades, billiard and pool parlors, skating rinks, indoor roller blade and skateboarding facility).
1. Demonstrates conformity with Ch. 130, §§ 130.75-130.91.
2. No significant negative impacts to ground or surface water quality.
3. Will not cause significant negative traffic or parking impacts in the neighborhood.
4. Will comply with commercial development design standards of App. A, Article 5.
(h) Transportation/communications /utility (highway and transportation services, airports and heliports, commercial dock or pier, commercial off-street parking, electric power substation, high voltage electric transmission towers, sewage treatment plant, solid waste transfer station, wind turbine for generation of electricity, building-mounted communications facilities, communication tower, disguised communications facilities, pole-mounted antennas).
1. No significant negative impacts to ground or surface water quality.
2. Will not cause significant negative traffic or parking impacts in the neighborhood.
3. Will comply with applicable requirements and standards of Article 27.
4. Will comply with commercial development design standards of App. A, Article 5.
(B) In granting a special use permit, the Zoning Board of Review may grant one or more dimensional variances under § 903.
(Ord. passed 10-30-06; Am. Ord. 2023-10, passed 12-18-23)