The Board of Zoning Appeals shall hear and determine all conditional uses that are specifically listed in the various districts. Conditional uses, although often desirable, will more intensely affect the surrounding area in which they are located than the permitted uses of such districts. In considering a conditional use application, the Board may impose such conditions as it may deem necessary for the protection of adjacent properties and the public interest, including specific limitations as to future expansion.
(a) The following basic standards shall generally apply to all conditional uses such that the proposed development:
(1) Is specifically listed or interpreted as a conditional use in the district in question;
(2) Will be in keeping with the general objectives, or with any specific objective of the Mount Gilead Comprehensive Plan and/or the Zoning Code;
(3) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance and nature with the existing or intended land use character of all adjacent uses and structures and physical development potential of the area and will not have undesirable effects on the surrounding area;
(4) Will not be hazardous or disturbing to existing or future neighboring uses;
(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the person responsible for the establishment of the proposed use shall be able to provide adequately any such services;
(6) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, or odors;
(7) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(b) The following additional standards shall apply to conditional uses in any “S” or “R” District:
(1) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous, inconvenient or conflict with the normal traffic on residential streets, both at the time and as the same may be expected to increase with any prospective increase in the population of the area, taking into account convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street intersections, and the general character and intensity of development of the area;
(2) The location and height of buildings, the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(c) The following additional standards shall apply to conditional uses in any “B” or “M” District:
(1) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout, and its relation to streets giving access to it shall be such that vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, both at the time and as the same may be expected to increase with increasing development of the municipality, taking into account vehicular turning movements in relation to routes of traffic flow, relation to street intersections, sight distances, and relation to pedestrian traffic;
(2) The nature, location, size and site layout of the use shall be such that it will be a harmonious part of the business or industrial district in which it is situated, taking into account prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationships of one type of use to another, and characteristic groupings of uses in a commercial or industrial district.
(Ord. 1130. Passed 2-1-88; Ord. 1584. Passed 9-17-07.)