The planning and zoning commission may grant permission for the establishment of the following uses, or category of uses, if the planning and zoning commission finds from the evidence produced after a study of the complete record that:

1)

The proposed use does not affect adversely the general plans for the physical development of the town as embodied in these regulations or in any plan or portion thereof adopted by the planning and zoning commission or by the town council.

2)

The proposed use will not affect adversely the health and safety of residents and workers in the town.

3)

The proposed use will not be detrimental to the use or development of adjacent properties or other neighborhood uses. The board may impose additional screening and buffering requirements to insure the proposed use is compatible with the surrounding area.

4)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, of the vehicular movement, of noise or fumes or of the type of physical activity.

5)

The proposed use will not create or aggravate hazards to vehicular or pedestrian traffic on the roads and sidewalks, both off-site and on-site.

6)

The proposed use will be compatible with existing uses that are adjacent to or neighboring the proposed location, as measured in terms of its physical size, intensity of use, visual impact, and proximity to other structures.

The planning and zoning commission may impose or require such additional conditions, restrictions, and standards as may be necessary to protect the health and safety of workers and residents of the community, and to protect the value and use of property in the general neighborhood.

Whenever the planning and zoning commission shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, the board shall rescind and revoke such permit after giving notice to all parties concerned and granting full opportunities for a hearing.

The board of appeals may grant permission for the establishment of the following special uses, subject to any specific conditions either set forth below or which the board may deem necessary to satisfy the conditions set forth in article VII:

1)

Automobile repair facilities: May be granted a special use permit subject to the following:

A)

All wrecked or damaged motor vehicles and parts shall be screened so as not to be visible from adjoining property lines and street rights-of-way.

B)

No more than six unlicensed, used motor vehicles which cannot be operated under their own power shall be kept or stored on the premises.

C)

No single unlicensed, used motor vehicle which cannot be operated under its own power shall be kept or stored on the premises for more than 15 days.

2)

Automobile service stations with accessory minor automobile repairs:

A)

All vehicles on premises for repair shall be stored at the rear of the principal structure. Further, there shall be no more than five cars waiting for repair on the lot at any one time and all must be licensed. No vehicle waiting for repair shall be stored on the premises more than ten days.

B)

There shall be no exterior storage of items other than vehicles.

C)

There shall be no sale of vehicles.

D)

Canopies must be setback a minimum of 20 feet from any street right-of-way and property line.

E)

Gas islands shall be located a minimum of 30 feet from any street right-of-way and property line.

F)

Rental of utility trailers, cars and trucks shall be permitted as accessory uses provided that no more than four units shall be visible from any street right-of-way or property line. All other rental units stored on the property shall be screened from adjoining street rights-of-way and property lines in accordance with bufferyard C or with a bufferyard of greater intensity as required in section 32-92 of this Code.

G)

Outdoor displays of products such as tires, oil, wiper blades, and other similar products shall be permitted provided that they are within ten feet of the principal structure.

H)

All services except fuel sales shall be performed within a completely enclosed building.