1004 Findings and Conditions

The Town Planning and Zoning Commission may give a favorable recommendation to a Conditional Use permit which is in compliance with this Ordinance if, from the application and the facts presented, it finds: 1) The proposed use at the proposed location will not be unduly detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, or general welfare. 2) All Town, State and Federal Building Codes are fully complied with. 3) The proposed use will be located and conducted in compliance with the purposes of this Ordinance. 4) That the property on which the use, building or other structure is proposed is of adequate size and dimensions to permit the conduct of the use in such a manner that will not be materially detrimental to adjoining and surrounding properties. 5) The project or its intended conditional use does not propose any construction on any critical lands. 6) The applicant shall bear the burden of proof that the proposed use does not substantially change the character of the neighborhood 7) The applicant shall bear the burden of proof that the proposed use does not substantially vary from the intent of the Dutch John General Plan. In approving a Conditional Use permit, the Town Planning and Zoning Commission shall impose such conditions or restrictions as it deems reasonable and necessary to secure the purposes of the Dutch John General Plan and this Ordinance to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses in the general vicinity. These conditions may include but, are not limited to the following: 1) That the site will be suitably landscaped and maintained and that the design, setbacks, fences, walls and buffers of all buildings and other structures are adequate to protect property and preserve and/or enhance the appearance and character of the area. 2) That all buildings or other structures are designed to add to the quality of the area. 3) Provision of parking facilities, including vehicular ingress and egress, loading and unloading areas and the surfacing of parking areas and driveways to specified standards. 4) The provision of required street and highway dedication and improvements and adequate water supply, sewage disposal, drainage, fire protection and emergency vehicle access. 5) The mitigation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gasses, noxious matter, heat, glare, electromagnetic disturbances and radiation. 6) The regulation of operating hours for activities affecting normal schedules and functions. 7) Regulation of signs. 8) Identifying a time for regular review and monitoring as determined necessary by the Town of Dutch John Council to ensure the use continues to operate in compliance with all conditions and requirements of approval. 9) Such other conditions determined necessary by the Town Planning and Zoning Commission to allow the establishment and operation of the proposed Conditional Use in an orderly and efficient manner and in compliance with all elements of the Dutch John General Plan and the intent and purposes of this Ordinance. 10) Once a conditional use permit is granted, it will last so long as the conditions that were agreed upon continue to be followed. If a condition is not met, the municipality retains the right to change or amend the status of the conditional use permit.