(a)

It is recognized that there are a broad range of uses permitted in each zoning classification, of which some may not be compatible with certain adjoining properties, and therefore blanket rezoning to a classification permitting incompatible uses would not be desirable. It is also recognized that some uses in such a district may be compatible with the adjoining properties. It is also recognized that some uses which are compatible with the adjoining properties may be highly desirable and in the public interest, because these services are needed, and cannot be easily obtained by the affected residents and property owners. Therefore, when a public hearing has established the fact that the general welfare will be served, a heavier use may be permitted in a lighter use district.

(b)

In such a case, the lighter classification will be retained, and the heavier use recognized and designated with an "E."

(c)

In order to ensure that only the heavier use that has been approved is put into use, and adjacent properties are protected, a site plan must be submitted in accordance with the provisions of division 2 of article II of this chapter. Further, a proposed project under these conditions shall be required to conform to the site plan approved by the commission.

(d)

In reviewing the site plan, such urban design compatibility factors as parking, screening, landscaping, signs, hours of operation, building, scale, etc., can be specified.

(e)

An extended use designation shall permit the heavier use approved, but shall not affect the uses by right of the primary district.

(Ord. No. 1-1992, § 11(51-926), 3-10-1992)

(a)

Extended use districts are to be exceptions and may be created only when one of the following conditions are met:

(1)

The tract of land is affected by exceptional topographic conditions.

(2)

The tract of land is inherently distinguishable from other property due to existing structures.

(3)

The tract of land has other unusual and singular characteristics.

(4)

The tract of land is in a location where there is a transition in the intensity of land use or residential density including by way of illustration, but not limitation, land located between an arterial street and a residential area.

(5)

The tract of land is in a location where development under the established zoning category may have an unusual impact on public facilities or the natural environment.

(6)

The tract of land will be used for cultural or community service, including by way of illustration, but not limitation, a use enabling a museum to sell liquor at receptions.

(7)

A use that would clearly provide a needed and acceptable service to a subarea of a neighborhood.

(b)

The tract of land must also meet the following criteria:

(1)

The approval of the extended use would not grant special advantages over adjoining property with similar characteristics without regard for the general welfare.

(2)

Approval of the extended use would not be inconsistent with the master plan, nor with the planning objective of promoting orderly growth and development of the town.

(Ord. No. 1-1992, § 11(51-927), 3-10-1992)

The applicant may request an E district in his original application, or amend such application to request such a district at any time prior to the zoning commission's recommendation.

(Ord. No. 1-1992, § 11(51-928), 3-10-1992)