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Elmer City Zoning Code

§ 25-20.1

Conditional Use Standards.

[Ord. No. 79-4 § 3.22]
In all requests for conditional uses, the burden of proof shall be on the applicant. The considerations and standards upon which the conditional use shall be based and decided shall be as follows:
a. 
The use for which application is being made is specifically authorized as a conditional use in the Schedule of District Regulations for the district in which it is proposed.
b. 
All regulations and standards specified in this chapter which are applicable to the proposed use shall apply. The area, bulk, and height regulations for each district shall apply as minimum requirements except in the following instances:
1. 
If area or dimensional regulations are specified in § 25-19, those standards shall apply.
2. 
For commercial and industrial uses, the area and dimensional standards of the most restrictive commercial or industrial district shall apply, except if the prevailing zone district standards are more restrictive.
c. 
The design, arrangement, and the nature of the particular use is such that the public health, safety, and welfare will be protected and reasonable consideration is afforded the neighborhood and the zoning district with regard to conservation of property values, evidence of congestion of vehicular traffic, or the creation of any unnecessary hazard.
d. 
Nonresidential buildings shall be oriented so as not to face building frontage or public entrance ways in the direction of a residential neighborhood. Special consideration shall be given to the buffering and screening of all such uses from any residential use.
e. 
Building and structural design shall be compatible with surrounding land uses.
f. 
Whenever possible, commercial and industrial conditional uses shall gain access from roads of minor collector status or above. Traffic intensive uses, defined as generating more than 50 trips per day, shall be located on a major collector or arterial road. Applications for commercial or industrial uses which do not meet these criteria shall include a detailed traffic report prepared by a qualified traffic engineer. The traffic report shall include traffic generation calculations, peak hour calculations, and an evaluation of the internal traffic circulation plan and external access roads to handle the anticipated traffic. This traffic report shall be used to determine the appropriate level of off-tract road improvements required.
g. 
The Land Use Board may impose any modification or conditions it may deem necessary to carry out the intent of this chapter or to protect the health, safety, and general welfare of the public.