The purpose of this article is to set forth the application procedure for consideration of special uses within individual zoning districts. These procedures apply to certain land uses and activities which, due to their particular characteristics or the nature of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this chapter and their effect on the surrounding properties and community character.

Special uses for each  district are set forth in Articles III through XI of this chapter.

The special uses for which conformance to additional standards is required by this article are deemed by their inclusion within such zoning district to be permitted uses in their respective districts, subject to demonstration by the applicant of sufficient proof of the satisfaction of the requirements and standards set forth herein. All such uses are declared to possess characteristics of such a unique and special nature that each specific application shall be considered an individual case, and the granting of a special use permit for one special use in a zoning district shall be limited to its own facts and circumstances and shall have no precedential effect entitling or implying that a similar use would be capable of satisfying the requirements and standards set forth herein.

An application for a special use permit shall be made by the applicant to the Building Inspector. It shall be the duty of the Building Inspector to determine if the special use is permitted in the zone in which the use is proposed to be located. In the event that the Building Inspector determines that the use is permitted, the application for a special use permit shall be forwarded to the Planning Board as set forth hereinbelow.

The Planning Board shall review such applications for special use permits  as set forth in § 208-79D below.

Upon receipt of the application for a special use permit, the  Planning Board shall hold a public hearing after public notice and in accordance with § 208-109E of this chapter.   Unless otherwise extended by mutual consent of the  Planning Board and the applicant, the  Planning Board shall act upon the application within 62 days from the date of the public hearing. In the event that a determination is not made by the  Planning Board within said  sixty-two-day period, the application shall be deemed approved.

At least seven days but not more than 20 days before the date of the hearing, the applicant shall mail a copy of legal notice of the hearing to all property owners of property within 500 feet of the applicant's parcel following the procedure contained in § 208-115F of this chapter.

Prior to taking action on a special use permit application for properties which fall under § 239-m of the General Municipal Law, the Board shall make referrals to the county planning agency in accordance with §§ 239-l and 239-m of the General Municipal Law.

Prior to granting any approvals relative to the proposed application, the appropriate lead agency shall undertake SEQRA review and determination in accordance with New York State Environmental Conservation Law and 6 NYCRR Part 617.

As a condition of approval of a special use permit, the Planning Board may require a performance bond, client fund account, or letter of credit to guarantee satisfactory performance of the required improvements. Such security shall be part of or in addition to any required by the Planning Board as part of a site plan review application.

The Planning Board shall attach such conditions and safeguards to the special use permit as are determined by the Planning Board to be necessary or desirable to ensure conformance with the letter and spirit of all applicable standards and requirements and to protect the public health, safety and general welfare. The Planning Board may require any off-site, off-premises improvements that might be necessary to mitigate the impacts of the proposal.

Fees. See § 103-16 for fees associated with a special use permit.

Before granting approval to any special use, the Planning Board shall determine whether the proposed special use will, among other things, satisfy the following considerations:

Additional standards applicable to electrical substations in residential zones. No special use permit shall be granted for an electrical substation in any residential district or Business District B-3 unless the  Planning Board shall conduct a public hearing at a regularly scheduled Town Board meeting.[1]

Additional standards for review for applications for permanent farm labor housing pursuant to § 208-16D.

A use authorized by special use permit may be revoked by the Planning Board if it is found and determined, after a public hearing, that there has been a material failure of compliance with any one or more of the terms, conditions, limitations or requirements imposed by said permit.

All special use permits shall be subject to the provisions of Article XV of this chapter.

An amendment or modification to an existing special use is any change in the size or configuration of the structures or appurtenances associated with the facilities constituting the special use. A change in the nature of the use of the lot(s) in question is to be considered a proposed new special use of the affected lot(s) and will require an application for and consideration of a special use permit pursuant to § 208-79C.

Any amendment or modification of an existing special use will be subject to site plan review by the Planning Board pursuant to Article XVI of this chapter. Application for a special use permit for the proposed amendment or modification will not be required.

Subject to the foregoing, any amendment or modification will be limited to a twenty-five-percent expansion of the improved area subject to the special use. The amendment/modification must be consistent with the presently permitted special use.

All Tier 2 and Tier 3 solar energy systems are subject to special use permit (§ 208-79) and site plan review and approval requirements set forth in Article XVI and this section.

The Planning Board may waive specific requirements of site plan review and special use permit for Tier 2 solar energy systems, upon good cause shown by the applicant, and upon such terms and conditions as the Board shall determine.

The setbacks proposed and available in relation to other applicable setbacks for the zone within which the installation is proposed.

The proposed height, width and dimensions of the installation and housing structures, and whether the proposed installation is compatible with adjacent uses in terms of scale, siting, design, lighting and noise generation.

The maximum surface area of the proposed installation in relation to the available lot size for the host parcel.

Energy load of the primary residence or buildings to be powered by the installation.

Space and bulk standards for Tier 2 solar energy systems.

Space and bulk standards for Tier 3 solar energy systems.

Visibility. Tier 2 and Tier 3 solar energy systems (including any and all solar energy equipment) shall have views minimized from public roadways and adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. Tier 3 applicants must provide a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. Depending upon the scope and potential significance of the visual impacts, additional visual impact analyses, including for example a digital viewshed report, may be required.

Screening and landscaping. Tier 2 solar energy systems shall be screened with an appropriate combination of natural vegetative buffer, landscaping, or other such screening as the Planning Board shall determine, and installations shall be sited so as to minimize significant adverse visual and/or auditory impacts. Tier 3 solar energy systems shall provide a screening and landscaping plan that specifies the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening.

Utility lines. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

Vehicular paths. Vehicular paths associated with the solar energy systems shall be designed to minimize the extent of impervious materials and soil compaction.

Signage. No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet. As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

Glare. All solar panels shall have anti-reflective coating(s).

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

Fencing. For Tier 3 solar energy systems, all mechanical equipment, including any structure for storage batteries, shall be enclosed by a seven-foot-high fence, as required by NEC, with a self-locking gate to prevent unauthorized access.

Agricultural resources. Any Tier 3 solar energy system located on the areas that consist of prime farmland or farmland of statewide importance shall to the maximum extent practicable avoid disturbance of these most valuable/productive farmland soils.

Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the zoning enforcement officer of such change in ownership or operator within 30 days of the ownership change.

Safety.

Decommissioning.

Security.

Solar energy system special use permit time frame, and abandonment.

The general character of the surrounding area and of the structure or structures and types of business.

The professions to be carried on therein or other uses to which the structures are to be put.

Site plan and site information requirements per Chapter 208 of the Clifton Park Town Code.

Access and other constraints.

Spatial and technical requirements.

Implementing an application process for person(s) seeking a special use permit for new, co-located, or modified wireless facilities and communications towers, antennas and accessory communications structures.

Establishing a policy for examining an application for and issuing a special use permit for communications towers, antennas and accessory communications structures that is both fair and consistent.

Establishing reasonable time frames for granting or not granting a special use permit for communications towers, antennas and accessory communications structures or recertifying or not recertifying or revoking the special use permit granted under this article.

Promoting and encouraging, wherever possible, the sharing and/or co-location of communications towers, antennas and accessory communications structures among service providers.

Promoting and encouraging, wherever possible, the design and placement of communications towers, antennas and accessory communications structures, and to promote and encourage the design and utilization of alternative tower structures and stealth technology, in such a manner as to cause minimal disruption to aesthetic considerations of the land, lot, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such communications towers, antennas and accessory communications structures.

Minimizing adverse visual and auditory effects from wireless communications facilities by requiring careful siting, visual and auditory impact assessment and appropriate screening and the maximum usage of noise-reduction technology.

Incorporate and reference the general and environmental goals expressed in the Town's Master Plan, as well as subsequent Town planning documents, including the Town of Clifton Park open space plan, and Comprehensive Plan, as well as Western Clifton Park land conservation plan and FGEIS, and the Western Clifton Park rural design guidelines into the Telecommunications Act as an expression of the Town's desire to maintain, preserve and enhance the character of the Town and to protect the exceptional scenic, cultural, and historic resources of the community to the maximum extent consistent with the Federal Telecommunications Act of 1996 (the Federal Act).

Based upon the Town's experience with the implementation of its five-hundred-foot buffer for communications equipment which was enacted by Local Law No. 2 of 2002, the Town Board finds and determines that that a buffer of at least 500 feet from the nearest residential property line for new communications towers represents an appropriate expression of Town policy by providing a minimum of assurance that the aesthetic character of residential neighborhoods within the Town be protected and so as to provide a minimum buffer between residential uses and communications uses. Therefore, Town policy prohibiting new communications towers, as defined in this article, within 500 feet of the property line of residential properties within the Town is restated and reinforced within this section. Any application seeking variance or relief from this prohibition shall be subject to strict scrutiny under the Federal Act as well as the State Environmental Quality Review Act (SEQRA).

Providing a comprehensive framework for the review and consideration of applications for placement of communications equipment throughout the Town of Clifton Park that is consistent with the Town's character, aesthetic, cultural and historic resources, as well as legitimate need for wireless communications facilities as defined by the Federal Act.

These regulations shall apply to all zoning districts.

Exemptions to these regulations are limited to:

Where these regulations conflict with other laws and regulations of the Town of Clifton Park, the more restrictive shall apply, except for tower height regulations that shall be governed by these special use standards.

Authority. In the case of action required by the Town Board, Planning Board or Zoning Board of Appeals under this section, procedures and required disclosures provided for in this section shall apply equally to proceedings before such boards as the appropriate reviewing board.

Below are the priorities an applicant must follow in the selection of any new communications tower structure or co-location facility. Additionally, applicants must refer to the Town's overall planning documents, including the Comprehensive Plan, Western Clifton Park GEIS and design guidelines, open space plan and applicable scenic resources study, to help minimize aesthetic and visual impacts to the community character in the detailed site planning and design for any project.

An applicant shall locate, site and erect communications towers, structures, antennas and accessory structures, alternative tower structures, or other tall structures in accordance with the following priorities expressed within this section, Subsection D(3)(a) being the highest priority and Subsection D(3)(h) being the lowest priority. An applicant may not bypass sites of higher priority by stating the site presented is the only site it has leased or selected to cover the area of its demonstrated area of need. An application shall address co-location on an existing communications facility or tall structure as a primary option, and if such option is not proposed, the applicant must explain why co-location is commercially impracticable or is technologically infeasible as demonstrated by substantial evidence in the written record. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship.

Prioritization.

Site selection evaluation criteria.

All applicants for a special use permit for communications towers, co-location facilities or any modification of such a facility shall follow the procedure for site plan approval set forth in § 208-113 et seq., as well as the procedures for special use permits as set forth in this § 208-95. In addition, such applications shall comply with the requirements set forth in this section.

Applications requiring change of zoning in planned development districts.

New communications towers, poles, or any other structures intended to house wireless communications equipment. In addition to the procedures detailed above, applications for new towers or structures shall provide the following information and meet the following requirements:

Any and all representations made by an applicant to the reviewing board, on the record, during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Planning Board.

The applicant shall employ the latest current industry standard in sound-minimizing technology and demonstrate to the satisfaction of the reviewing board that all reasonably available technology will be implemented so as to minimize auditory impacts from generators or other ancillary equipment resulting from the proposal to adjacent properties to a reasonable level in the judgment of the reviewing board.

All utilities leading to and away from the site of any communications towers, antennas and accessory communications structures shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code and shall be installed underground and in compliance with all applicable ordinances, local laws, codes, rules, and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate.

Communications towers shall not be artificially illuminated unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall, to the fullest extent possible, cause the least disturbance to the surrounding areas. Upon request from the reviewing board, the applicant shall provide a copy of any analysis indicating a requirement for lighting under Federal Aviation Regulation Part 77. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided to the reviewing board in a timely manner.

Equipment or vehicles not used in direct support, renovation, additions or repair of any accessory communications structure, antenna or communications tower shall not be stored or parked on the facility site.

No signs or advertising materials of any nature shall be allowed on any communications tower or antenna unless such signs consist of warning signs or other notifications designed to alert the public to safety concerns.

A person or entity who holds a special use permit for communications towers, antennas and accessory communications structures shall construct, operate, maintain, repair, modify or restore the permitted communications towers, antennas and accessory communications structures in strict compliance with all current technical, safety and safety-related codes adopted by the Town and state, including but not limited to the most recent editions of the New York State Uniform Fire Prevention and Building Code. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.

A person or entity holding a special use permit granted under this article shall maintain, all permits and licenses required by applicable law, rule or regulation and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction thereof and shall provide adequate documentation thereof to the Planning Director upon request.

Subject to and in accordance with the State Environmental Quality Review Act (SEQRA), the Planning Board shall be the lead agency for the purpose of conducting the environmental review of the application for a special use permit. The Planning Board shall conduct an integrated comprehensive environmental review of the proposed project in combination with its review of the application under this article. In cases where an application seeks zoning change pursuant to Subsection E(2), the Town Board shall be lead agency for SEQRA review.

An applicant shall submit no fewer than 14 copies of the entire completed application to the Planning Board, Planning and Zoning Department for distribution to the Planning Board and a copy of notice of the application to the Town Clerk. Where an application also requires action by the Zoning Board of Appeals, applicants shall submit an additional 14 copies of such applications. Where an action also requires action by the Town Board, such as where a zoning change to a PUD or Planned Development District would be required, pursuant to Subsection E(2), the applicant shall submit an additional seven copies of the application to that Board.

The holder of a special use permit for wireless communications facilities shall notify the Town of any intended modification of a communications tower, antenna or accessory communications structure and shall apply to the Planning and Zoning Department to modify, relocate, or rebuild the same. Whenever modifications or replacement of antennas involve changes to antennas patterns, propagation, or additional transmission capability, the applicant shall submit current and updated radio frequency (RF) propagation plots that demonstrate existing and proposed RF coverage. However, antenna changes that do not alter any visually discernible components of the facility, involve changes to antennas patterns or propagation, or routine maintenance work not impacting antenna patterns do not require further review pursuant to this section.

Notice and hearing. Within 90 days of receipt of a completed application, the Board shall publish a notice in the newspaper officially designated for legal notices for the Town, of general circulation in Clifton Park, setting forth the name of the applicant, the location and owner of the property, the use proposed and the time and place of a public hearing to be held by the Planning Board no sooner than five business days after the day of publication. After the Planning Board has set a date for the hearing, the applicant shall also serve notice to property owners pursuant to § 208-115F.

In the case of a co-location on an existing communications tower or an application for antennas and accessory facilities on an existing tall structure where there is no increase in the height of the communications tower or tall structure, no public hearing is required. All other procedures and requirements contained within this § 208-95 shall apply.

Decision by the Zoning Board of Appeals. In the case of an application that requires prior approval for a use variance by the Zoning Board of Appeals, the ZBA shall forward its decision to the Planning Board within 60 days of any decision, which decision shall be in writing and shall contain the basis for the decision and determination.

Decision by the Planning Board. The Planning Board may authorize and direct the approval or denial of the issuance of the special use permit for on the basis of the criteria and requirements set forth in this § 208-95. The Planning Board shall attach to such permit such restrictions, in addition to or in lieu of the bulk density regulations and general standards of the district, as are necessary or desirable, in its judgment, to ensure the compatibility of the proposed use with surrounding property and the overall development of the community.

Compliance.

Revocation. Upon submission to the Planning Board of a written report of the Town Engineer that the permit holder is in violation of the conditions established and has failed to remedy the violations or comply with the regulations herein, the Planning Board shall have the power to revoke the previously issued special use permit upon findings, after appropriate notice and opportunity to be heard, that the holder has failed to remedy or comply with applicable conditions and/or ordinances.

Abandonment of use. All special use permits issued under this section shall expire and terminate upon the cessation or abandonment of the use permitted, after a one-year period.

Exceptions. A special use permit, which when granted and approved by a reviewing board, designates the use to be continuous and will run with the land, shall be irrevocable and subject only to the restrictions of this section and any conditions attached thereto.

Any applicant desiring relief, waiver or exemption from any aspect or requirement of this section may make such request at the preapplication meeting or, subsequently, to the Planning and Zoning Director. Any request for waiver or exemption from any aspect of this section shall be contained in the original application for either a special use permit or, in the case of an existing or previously granted special use permit, a request for modification of its communications tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested relief, waiver or exemption is solely on the applicant to prove. The applicant shall bear all costs of the Town in considering the request and the relief, waiver or exemption. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant affect on the health, safety and welfare of the Town, its residents and other service or the ability of the reviewing board to conduct its review pursuant to this section.

At the time that a person or entity submits an application fee for a special use permit for a new communications tower, such person or entity shall pay a single, nonrefundable application fee of $5,000. If the application is for a special use permit for co-locating on an existing communications tower or tall structure, where no increase in height of the tower or structure is required, the application fee shall be $2,000, which is nonrefundable. Such fee shall be paid to the Planning and Zoning Department, which shall maintain records of payment in consultation with the Town Comptroller.

In addition to the application fee described in Subsection G(1) above, applicants shall deposit a separate review fee in the amount of $7,500, which shall be utilized for all reasonable costs of consultants and expert reviews of any application, including, where applicable, preapproval evaluation as well as during construction or modification of sites, once permitted. Such experts and consultants as shall be reasonably required by the Town shall be made available to the appropriate reviewing board. The Town shall maintain a separate escrow account for such review fee funds and shall return the unused portion of any such funds to the applicant within 60 days of any final action on any application or formal withdrawal of same. If at any time during the review process this escrow has a balance less than $2,000, the applicant shall immediately, upon notification by the Town, replenish said escrow account so that the balance shall be at least $5,000. Such additional escrow funds shall be deposited with the Town before any further action is taken on the application. The escrow amount for review fees shall apply to both new communications tower applications and those for colocations and shall be paid to the Planning and Zoning Department, which shall maintain a separate accounting of the fees and disbursements from said escrow, for each application, in consultation with the Town Comptroller.

A lot leased or owned for the purpose of construction of a tower as part of an accessory communications structure, antenna or communications tower shall not result in the creation of a nonconforming lot.

All accessory communications structures, antennas or communications towers shall comply with the greater setback standards of the underlying zoning district and shall be subject to review by the Planning Board for noise, aesthetics, and safety concerns.

Accessory communications structures, antennas or communications towers shall be surrounded by a fence or wall of a reasonable height and design approved by the Planning Board but with limited visual impact.

Motion-activated or staff-activated security lighting around accessory communications structures, antennas or communications towers may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeter has been entered.

There shall be no permanent climbing pegs within 30 feet of the ground on any tower.

A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.

All accessory communications structures, antennas or communications towers shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent applicable standards of the Institute of Electronic Engineers (IEEE) and the American National Standards Institute (ANSI) and any other applicable documents.

All accessory communications structures, antennas or communications towers shall be inspected at least every fifth year for structural integrity by a licensed New York State professional engineer at the cost of the owner of the accessory communications structure, antenna or communications tower. A copy of the inspection report shall be submitted to the Code Enforcement Office.

The applicant shall submit an agreement, in writing, to remove all accessory communications structures, antennas or communications towers if such facilities become technically obsolete or cease to be used for their original intended purpose for more than 12 consecutive months. Upon removal of said facilities, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soil.

The applicant must submit an analysis by a New York State licensed professional engineer of the cost of removal of the accessory communications structure, antenna and/or communications tower and surrounding property restorations.

Prior to obtaining a building permit, the applicant must provide a financial security bond or letter of credit reasonably acceptable to the reviewing Board for the removal of the accessory communications structure, antenna and/or communications tower, with the Town of Clifton Park as the designated assignee, in an amount approved by the Planning Board which is equal to the current projected cost for the removal of the type of facility permitted, plus a reasonable escalation rate based upon the anticipated useful life of the facility.

A building (installation) permit must be obtained from the Department of Building and Development. Application for a permit shall include, at a minimum, the following information:

No antenna support structure greater than eight feet in height shall be mounted on the roof of any principal or accessory building unless the applicant can show proof that such installation is essential to the receipt of normal signals intended for this area.

Any person desiring to erect or install an antenna support structure higher than the height permitted must obtain a variance from the Zoning Board of Appeals, except in an R-3 Zone, where no variance shall be permitted.

Change of use.

Repairs, maintenance and structural additions.

Abandonment. The discontinuance of a nonconforming use for a period of one year shall be considered an abandonment thereof, and such nonconforming use shall not be revived.

Change of use. The change of a nonconforming use to a more-restricted or conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not be revived.

Partial damage.

Substantial damage or destruction. In the event that any nonconforming structure or use is substantially damaged or destroyed, by any means other than demolition, to the extent of more than 50% of the cost of replacement of such structure new, proof should be supplied by the applicant in written estimate form of replacement value and work to be done by a minimum of two reputable agencies. Such structure shall not be restored unless, if within 30 days after the substantial damage, the owner of said nonconforming use notifies the Building Inspector, in writing, of his intent to restore said nonconforming use substantially to the conditions existing prior to the disaster. It is the owner's responsibility to provide documentation of existing nonconforming conditions prior to the disaster to satisfy the Building Inspector. In that instance, the Building Inspector shall permit the issuance of a building permit within 30 days of receipt of the written notice of intent and necessary plans and specifications for the work to be performed for such substantial restoration without further action. Restoration under this subsection shall be commenced within six months of the date of issuance of the building permit, and restoration shall be completed within one year of the issuance of the building permit. In the event that the Building Inspector is not notified of the intent to restore the nonconforming use within the time limit stated, such structure shall not be restored unless the structure and use thereof shall conform to all current regulations of this chapter.

Demolition. Where any nonconforming structure or use is partially or substantially damaged or destroyed by demolition, repairs may not be made to reconstruct the nonconforming use as it existed prior to the damage. Any and all restoration shall conform to all current regulations of this chapter.

Single unimproved lots. A single, unimproved, lawfully nonconforming lot held in single ownership as of the effective date of this chapter, which is not contiguous with any other lot owned by the same party, may be used as if it were a conforming lot, provided that all of the following conditions are met:

Multiple unimproved lots. Two or more contiguous, unimproved nonconforming lots held in the same ownership of record as of the effective date of this chapter shall be combined to the extent necessary to comply with the space and bulk regulations of the district in which they are located and thereafter shall be considered under the provisions of § 208-97E(1). This shall include unimproved nonconforming lots contiguous to improved nonconforming lots held in the same ownership of record.

Lots within approved subdivisions.

Termination of nonconforming lots. Notwithstanding anything heretofore contained in this section, all nonconforming lots for which a building permit for a permitted use has not been issued for a period of three years after the effective date of this chapter shall thereafter be required to meet all of the space and bulk standards of the district in which it is located, except that, if said lot continues in the same continuous ownership existing on the effective date of this chapter, then this requirement to conform shall not take effect until six years after the effective date of this chapter.

Minimum off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the erection of any building or structure, at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area or before conversion from one zoning use or occupancy to another. No required front yard or portion thereof in any residence district shall be utilized to provide parking space required in this chapter.

If the vehicle storage space or standing space required by this chapter cannot be reasonably provided on the same lot on which the principal use is conducted, the Board of Appeals may permit such space to be provided on other off-street property, provided that such space lies within 400 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

Vehicle parking or storage space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter shall be continued and may not be counted as serving a new building, structure, addition or land use, nor shall any required parking space be substituted for an off-street loading and unloading space, nor shall any required loading or unloading space be substituted for a parking space.

The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that 1/2 of the parking space required for churches, theaters or assembly halls, whose peak attendance will be at night or on Sunday, may be assigned to a use which will be closed at night or on Sunday.

No off-street automobile parking or storage space shall be used or designed, arranged or constructed to be used in a manner that will obstruct or interfere with the free use of any street or adjoining property.

The parking spaces provided, along with their necessary driveways and passageways, shall be paved in a manner adequate to eliminate dust and mud problems. Plans for such parking spaces are to be included with the plans for the construction of buildings and other structures and are to be presented to the Building Inspector at the time application for building permits are to be filed. Such parking areas are to be kept free of obstruction and unsightly objects. Intersections of parking areas with sidewalks or street pavements must be made in an approved manner. Provisions must be made for the adequate drainage of parking areas.

Parking requirements shall be as follows:

The requirements listed above are based in large part on a study of parking generation produced by the Institute of Transportation Engineers. Local conditions, such as a particular site's location, public transportation service, ride-sharing programs, proximity to other developments and other special characteristics, may indicate an adjustment of the above listings. They are provided here as a guide to the project planner, and the Planning Board shall reserve the right to amend these requirements based upon local or unique conditions. [Such amendments will not, therefore, require a variance from the Zoning Board of Appeals but are subject to administrative review as provided in § 208-109C(1) of this chapter.]