13-24 CONDITIONAL USES



These uses, as designated in the particular zone districts, may be established only in accordance with the following procedure and only after the following criteria are met



§13-24.1 Application for Conditional Use



Application for a conditional use shall be made to the planning board pursuant to the authority of RS 40 55D-67 (or to the zoning board of adjustment, pursuant to the authority of R S 40 55D-76(b)) The application shall be made in accordance with the instructions of the planning board and shall be accompanied by a site plan prepared in accordance with the requirements of the site plan ordinance



§13-24.2 Hearing Required



The applicant shall give notice pursuant to the requirements of R.S. 40 55D-12, such notice setting forth the date, time and place of the hearing and the nature of the matter to be considered, pursuant to the authority of R.S. 40 55D-11, only after such date of the hearing shall have been fixed, after a determination that the application is complete, in accordance with the procedures of the planning board.



§13-24.3 Issuance of a Permit.

The board shall not order, direct or authorize the issuance of a permit for a conditional use unless it shall find that such use



a. Is a use permitted in the zone district.



b. Meets all the required conditions for said zone district, except where the conditions hereinafter set forth specifically amend such conditions



c. Meets the requirements set forth for the particular conditional use hereafter described



§13-24.4 Public or Institutional Uses



a. In designing projects to be permitted under this section, a sufficient area must be provided to accommodate the use in keeping with the character of said use and in using appropriate design standards, however, the lot shall contain an area of at least ten acres. In the event that it can be demonstrated that the proposed project can meet all of the other criteria necessary for the issuance of a permit on a lot containing less than ten acres in area, the board may reduce the lot area requirement but in no event, reduce it less than the minimum lot size for the zone district in which the property is located



b All buildings and structures erected on said site shall meet the yard and height requirements of the RE-5 zone district In the event that it can be demonstrated that the proposed project can meet all of the other criteria necessary for the issuance of a permit on a lot, the board may reduce the yard requirements when a reduction in lot area has been permitted but in no event, reduce it less than the minimum yard requirements for the zone district in which the property is located.



c All buildings and structures, to be erected on the tract, shall be so designed and arranged in order to minimize the impact of the use on the established neighborhood scheme and shall be so designed as to harmonize, as far as possible, with the established architectural scheme of the neighborhood



d Adequate provisions shall be made to provide a suitable buffer to provide a barrier to light and sound between the use sought to be established and abutting properties

e. Obtain site plan approval in accordance with the site plan review ordinance.



f. Provide adequate parking in accordance with the parking provisions set forth in section 13 19.



g Signs shall be permitted in accordance with the provisions of subsection 13-8.8, relating to highway commercial uses.



§13-24.5 Boarding, Training or Selling (Including Reselling) of Equine Animals .



a. The lot shall contain a minimum of six acres in area However, the actual minimum area required shall be determined on the basis of the number of animals to be kept on the site, in a ratio of one acre per each animal to be kept. However, recognizing that it is conceivable that the application of such a straight line ratio may result in a minimum required area in excess of that actually required for the intended use, the board may, for good cause shown, reduce the effect of calculating lot size in applying the 11 ration on a straight line basis



b All buildings and structures shall be located in accordance with the required conditions as set forth in the RE-5 zone district



c Adequate provisions shall be made to provide a suitable buffer to provide a barrier to light and sound between the use sought to be established and abutting properties



d. Adequate provisions shall be made for the location of manure and other animal wastes and the storage of such materials shall not be closer than 100 feet to any property line.



e. Suitable fencing shall be provided in order to contain animals kept on the site in accordance with the requirements of the board



f. Obtain site plan approval in accordance with the site plan review ordinance



g. Provide adequate parking in accordance with the parking provisions set forth in section 13-19, except, however, that the number of parking spaces shall be calculated as follows. A minimum of six spaces plus one for each employee, not residing on the premises There shall be one additional parking space for every two animals, in excess of 12 animals, being kept on the premises, unless it can be demonstrated to the satisfaction of the board, that no additional parking spaces are required



h. Signs shall be permitted in accordance with the provisions of subsection 13-8. 8, relating to highway commercial uses



§13-24.6 Public Utility Uses



a. The lot shall contain the minimum lot area required in accordance with the zone district in which the lot is located, except that the board may, for good cause shown, reduce the lot area requirement, but in no event, less than one acre in size.

b. All buildings shall be so designed as to conform and harmonize with the general character of the area in which it is located and will not adversely effect the safe and comfortable enjoyment of properties in the zone.



c. All structures shall be designed so as to be as non obtrusive as feasible and to blend in with the surroundings on the site



d Adequate fencing must be provided in accordance with the recommendations of the board in order to provide protection to the public



e Adequate parking shall be required, as determined by the board when considering the proposed use

f Obtain site plan approval in accordance with the site plan review ordinance



§13-24.7 Miniature Golf Courses



a. The lot or parcel shall meet the minimum lot area requirement of the zone in which it is located.



b. All buildings, structures and golf facilities shall meet the yard requirements of the zone in which the use is located



c One off-street parking space shall be provided for each golf tee



d All lighting shall be so arranged and shielded as to reflect the light downward and away from adjoining streets and properties.



e. The board may impose such other conditions and safeguards as it deems appropriate with respect to the particular premises.



§13-24.8 Golf Driving Ranges



a. The lot or parcel shall meet the minimum lot area requirements of the zone in which it is located.



b. All buildings and structures shall meet the yard requirements of the zone in which the use is located.



c. The fairway, measured in, a straight line along the direction of each tee, shall be at least 250 yards. Such straight line of any tee shall terminate at least 100 feet from an adjoining property line.



d. Fencing, as required by the planning board, shall be provided along any property line to prevent golf balls from landing on adjoining property

e. Three off-street parking spaces shall be provided for each two tees



f All lighting shall be so arranged and shielded as to reflect the light downward and away from adjoining streets and properties



g. The board may pose such other conditions and safeguards as it deems appropriate with respect to the particular premises.



§13-24.9 Farm Manager Residence and Seasonal Employees Residence



a In designing the uses to be permitted under this section, a sufficient area must be provided to accommodate the use in keeping with the character of the agricultural permitted use and the following minimum standards must be met

1. For the additional residence to be used by the farm manager, there shall be an additional lot area of a minimum of one acre and the requirements for a single family dwelling in the RE-5 zone shall be met with respect to the minimum size of the dwelling unit and the setback requirements.



2. For each dwelling house to be used by farm labor, there shall be an additional lot area of a minimum of 7500 square feet and the requirements for a single family dwelling in the R-2 zone shall be met with respect to the minimum size of the dwelling unit and the setback requirements for a lot having 7500 square feet



b In approving such additional dwelling units, the board shall review the proposed plan in order to protect the zone scheme in the event that the primary use of agriculture on said tract shall be discontinued and a subdivision to separate individual dwelling units is sought



c Such dwelling units shall be occupied as single family residences as such term is defined herein, except that no roomers or boarders may occupy such structures



d. Any person, or head of household, occupying such dwelling units shall be employed full-time, in the agricultural operation, and proof of such employment, in the form of an affidavit, by such person so occupying, shall be filed with the zoning officer each year



e Adequate provisions for parking shall be provided, in accordance with subsection 13-19 1



f Site plan approval shall be obtained