§ 300-53. Special use permits.

A. 

Applicability. All applications for special permits shall be referred to the Planning Board for decision, except that, in accordance with § 300-22B, any application to alter, enlarge or extend a nonconforming site, structure or sign shall be referred to the Zoning Board of Appeals for decision.

B. 

Criteria for approval. In authorizing the issuance of a special permit, the reviewing board shall take into consideration the public health, safety and welfare and the purposes of this chapter. In addition, each special permit use shall be:

(1) 

Consistent with the use-specific standards provided in Article XIII of this chapter, if applicable;

(2) 

Consistent with the adopted guidelines, the Vision Plan and the Local Waterfront Revitalization Plan, and the findings of the environmental quality review, if applicable;

(3) 

Of such character, size and location that it will be in harmony with the orderly development of the area and will not be detrimental to the orderly development of adjacent districts; and

(4) 

Located as so not to impair the use, enjoyment and value of adjacent residential properties and be of such nature as not to create undue traffic hazards or need for parking facilities or be hazardous or detrimental to the prevailing residential character of the neighborhood.

C. 

Time for decision. The Planning Board and/or Zoning Board of Appeals shall approve, approve subject to conditions and/or modifications, or deny the application in accordance with applicable law, subject to such extensions of time as may be required to obtain further information, to complete the environmental quality review process, or for the applicant to submit amendments to the application. Any decision shall contain written findings explaining the rationale for the decision in light of the criteria specified at § 300-53B above within 30 days of any decision of said board.

D. 

Post-approval procedure. If the application for which the special permit was granted requires additional approvals pursuant to this chapter, the board shall refer the special permit application, together with a resolution detailing the conditions of approval, to the appropriate agency. If the special permit application does not require additional approvals, the board shall refer the application, together with a resolution detailing the conditions of approval, to the Land Use Officer.

E. 

Time limits. In granting a special permit, the approving agency may impose time frames and/or time limits on the special permit either stipulating the date and time upon which the special permit expires or setting forth the requirements for an extension of the special permit. The approving agency, if it so deems it to be necessary, may also stipulate the details, conditions and requirements for renewal.