Intent of Conditional Uses. Whereas certain uses, activities, structures and buildings are considered necessary to serve the needs and convenience of the community, and at the same time, recognizing that such uses may be or become detrimental to the public health, safety and general welfare, if located and operated without proper consideration being given to the existing conditions and character of the community and surrounding neighborhood, such uses and activities may be permitted in certain specified areas under the terms of this chapter and pursuant to the provisions of this section.

Procedures and Standards of Review. Before any permit shall be issued for a conditional use, applications shall be made to the Planning Board/Zoning Board of Adjustment who shall grant or deny the application after public hearing within ninety-five (95) days of submission of a complete application or within such further time as may be consented to by the applicant. Notice of the hearing shall include reference to all matters being herd, including site plan and/or subdivision, and the Planning Board/Zoning Board of Adjustment shall review and approve or deny any applicable subdivision or site plan simultaneously with the conditional use application. Failure of the Planning Board/Zoning Board of Adjustment to act within the required time period shall constitute approval of the application. In reviewing the application, the Planning Board/Zoning Board of Adjustment shall review the number of employees or users of the property, the requirements set forth in the chapter, and shall give due consideration to elements that would affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s). Each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the developer even though a conditional use shall be permitted use in the district in which it is located. Prior to making its decision, the board shall be satisfied the conditional use is reasonably necessary for the convenience of the public in the location proposed.

Application Details. The application shall follow the submission requirements for the site plan review as outlined in this chapter and be in accordance with the standards outlined below.