You are viewing an archived code
This use may be allowed together with incidental buildings upon a finding by the Board of Appeals that the use will not constitute a nuisance because of traffic, noise, hours of operation, number of employees, or other factors. It is not uncommon for this use to be proposed in combination with a wholesale or retail horticultural nursery or a landscape contractor. If a combination of these uses is proposed, the Board opinion must specify which combination of uses is approved for the specified location.
(1) The minimum area of the lot must be 5 acres.
(2) The operating area as well as areas for parking and loading must be a minimum of 50 feet from any property line and adequately enclosed, screened, and buffered, or otherwise constructed or arranged so as to protect adjoining uses from noise, dust, odors, and other objectionable impacts.
(3) The Board may regulate the hours of operation so as to prevent any adverse impact on adjoining uses.
(4) The Board may limit the number of motor vehicles operated in connection with the business or parked on the site so as to preclude an adverse impact on adjoining uses. Adequate parking must be provided on site for the total number of vehicles permitted; and must not be less than required for an industrial or manufacturing establishment or warehouse, under Article 59-E.
(5) In evaluating the compatibility of this special exception with surrounding land uses, the Board must consider that the impact of an agricultural special exception on surrounding land uses in the agricultural zones does not necessarily need to be controlled as stringently as the impact of a special exception in the residential zones.
(Legislative History: Ord. No. 10-69, §9; Ord. No. 13-31, §5; Ord. No. 13-107, §3; Ord. No. 13-112, §1; Ord. No. 14-36, § 1
; Ord. No. 14-49, § 1
.)