Article 9.24 - Environmentally Sensitive Uses not expressly permitted

Uses not expressly named in this ordinance, but which may constitute a greater than average impact on the environment or diminish the use and enjoyment of nearby property by generation of noise, smoke, fumes, odors, glare, commercial vehicle traffic, or similar nuisances, are permitted in the SP District subject to a Special Use Permit, according to the procedures of Section 11.4.10

The Town Board shall issue a Special Use Permit for the subject facility in the SP District if, but not unless, the evidence presented at the Special Use Permit hearing establishes:

.1 That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and

.2 That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and

.3 That a comprehensive site plan addresses the development standards below:

(a) Adjoining properties and streets are protected from adverse impacts of the use and buildings on the proposed site by the locations of buffers and/or screens;

(b) Any areas of the site which may present a danger to residents, their children, pets, or livestock shall be fenced with non-climbable fencing material to a height sufficient to avert said danger; fencing shall be installed on the interior of any buffering or screening;

(c) Vehicular access to the proposed use will be provided by way of a road sufficiently sized to absorb the generated trips and accommodate the vehicles typically associated with the use; a use considered under the standards of this special use permit process shall not be accessed through a residential neighborhood nor from a residential neighborhood street.

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