ARTICLE IX. SPECIAL EXCEPTIONS
Uses of land and buildings or structures as special exceptions as listed under each district may be allowed only by approval of the Board of Adjustment, provided that the land use impact on the environment and particular site in question, and on abutting landowners is not negative, and if each of the standards and requirements contained in this ordinance are complied with.
A. Procedure for Special Exception
A special exception will require an application and a site plan duly made to the Board of Adjustment.
A site plan for the proposed development of a site seeking a special exception shall provide the following information where applicable:
1. The lot dimensions and any bounding streets and their right-of-way and pavement widths.
2. Location and dimensions of existing or required service areas, buffer zones, landscaped areas, recreational areas, signs, rights-of-way, easements, streams and drainage.
3. All existing buildings or other structures with their dimensions.
4. All proposed buildings, structures or additions with their dimension indicating "proposed" on the plan.
5. Indicate all setback (front, rear, and side) dimensions and building or structure heights.
6. Computed lot and building or structure areas and percentage of lot occupancy.
7. Elevations or contours, if required or if relevant.
8. Location and number of parking spaces and lanes with their dimensions.
9. Any required loading and unloading and trash storage areas.
10. Dimensions and directions of traffic lanes and exits and entrances.
All abutters of any proposed land use not permitted as a matter of right indicated under district permitted uses shall be notified by the Board of Adjustment by certified mail not less than five (5) days before the date of any public hearing regarding said site. The names and addresses of the abutters shall be supplied by the applicant on a plat plan to be submitted to the Board of Adjustment.
The applicant shall pay the total cost of posting and advertising any hearings, the cost of certified mailings and any necessary site inspection fees.
B. Conditions for Special Exception
The Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, grant a permit for a special exception as listed in the various districts. Before granting a permit, the Board shall determine that all the provisions set forth in Articles IV and VI and all other conditions enumerated in the Ordinance are met, and shall hold an abutters' hearing to hear any valid objections based on demonstrable fact. The Board, in acting on an application for a special exception, shall take into consideration, but not be limited to, the following conditions:
1. The specific site is an appropriate location for the use or structure.
2. The use will be compatible with neighboring land uses.
3. That property values in the district will not be reduced by such a use.
4. There will be no nuisance or serious hazard to vehicles or pedestrians.
5. Adequate and appropriate facilities be provided for the proper operation of the proposed use.
6. The proposed use shall comply with the minimum land space requirements set forth for each district, and as set forth in the General and Special provisions of the Ordinance.
7. The capacity of existing roads and highways to carry additional traffic.
C. Special Standards
The Board of Adjustment may impose additional special standards in granting a special exception where deemed necessary to protect the best interests of the surrounding property, the neighborhood or the town as a whole. These standards may include:
1. Increasing the required lot size or yard dimensions in order to protect the adjacent properties.
2. Limiting the lot coverage or height of buildings or structures because of obstruction to view and reduction of sunlight and air to adjacent properties.
3. Controlling the location and number of vehicular access points to the property.
4. Limiting the number, location and size of signs on-site.
5. Requiring suitable on-site landscaping and screening where necessary to reduce noise and glare and to maintain the property in character and keeping with the surrounding area.
6. Providing for specific layout of facilities on the property such as location of the building or structure, parking spaces or area and access to the building or structure so as to minimize effect on adjoining property.
7. Require that in case of conversions of existing structure into two or more dwelling units or lodging units or into a more intensified use, the lot or land area is sufficient in size to support an adequate subsurface sewage disposal system. Soils type and slope shall be identified on a plan. An inspection of the existing sewage disposal system and a detailed diagram showing type, extent and location of the system, certified by a professional sanitary engineer, indicating that the system is adequate for its intended proposed use shall be furnished.
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