SPECIAL EXCEPTIONS
Part 314.
314.01 General Provisions
(a) Requests for a Special Exception shall be filed with the Pease Development Authority Building Inspector on forms prescribed by the Board.
(b) An Application for Special Exception shall set forth the specific use proposed and reasons why a Special Exception should be granted.
(c) A use permissible only through the granting of a Special Exception shall be not approved or recommended for approval unless it meets the following criteria:
(1) No adverse effect or diminution in values of surrounding properties would be suffered.
(2) The use does not create a traffic or other health or safety hazard.
(3) The proposed site is an appropriate location for the use and provides safe and proper access and egress for the use;
(4) The use meets any additional standards provided in this Zoning Regulation for the zone in which it is situated.
(d) Reasonable conditions necessary to meet one or more of the standards in subsection (c) above may be attached to the approval of a Special Exception.
314.02 Application Requirements
(a) Only completed applications for a Special Exception shall be considered for approval. To be deemed complete, applications for a Special Exception shall contain:
(1) A completed application form;
(2) A scale drawing of the proposed use sufficient to provide details necessary to demonstrate compliance with the standards for approval of a Special Exception;
(3) Applicable fee;
(4) Names and addresses of abutters;
(5) Information that may be required to demonstrate compliance with any additional standard(s) established for the specific use or zone.
(6) Where a proposed special exception use is anticipated to generate in excess of 1,000 vehicle trip ends per day or is anticipated to generate a ten percent (10%) or greater increase in traffic at one or more surrounding intersections with a level of service D or worse the applicant shall be required to submit a traffic and air quality impact study addressing anticipated impacts, to be reviewed by traffic and air quality engineers approved by PDA and paid for by the applicant. If as a result of the study it is determined that traffic or air quality mitigation measures are required, a traffic and air quality mitigation plan acceptable to the PDA shall be submitted.
(b) It shall be the responsibility of the applicant to provide technical information and expertise sufficient for evaluation of the proposed use, and to appear and present the proposal at any public hearing or meeting conducted on the application.
314.03 Applications Administered by the Board
(a) For parcels located within the Airport Zone and portions of the Airport Industrial Zone acquired by the Pease Development Authority pursuant to Section 13(g) of the Surplus Property Act of 1944, requests for a Special Exception shall be administered solely by the Pease Development Authority in accordance with this section.
(b) Complete applications for a Special Exception shall be referred by the Building Inspector to the Pease Development Authority Zoning Adjustment and Appeals Committee for consideration and recommendation to the Board.
(c) Notice to abutters and the public shall be provided in accordance with the requirements of Site Plan Review Regulation Section 404.03(b) for any public hearing on an application for Special Exception.
(d) The Zoning Adjustment and Appeals Committee shall conduct a review of the application, to include a public hearing, and make a recommendation to the Board within forty-five (45) days of referral.
(e) An application for a Special Exception shall be reviewed by the Board at a public hearing within thirty (30) days of the Committee recommendation.
(f) At the discretion of the Board, the time period for rendering a final decision may be extended an additional thirty (30) days, or such additional time as may be consented to by the applicant.
(g) In the case of denial of any request for a Special Exception, the ground(s) for such denial shall be stated on the record and shall be provided to the applicant in writing.
314.04 Special Exceptions Referred to Local Municipalities for
Review and Recommendation
(a) For parcels located within the Industrial Zone, Business and Commercial Zone, Natural Resource Protection Zone and those portions of the Airport Industrial Zone not acquired by Pease Development Authority pursuant to Section 13(g) of the Surplus Property Act, completed applications for a Special Exception shall be referred by the Authority to the Zoning Board of Adjustment of the municipality in which the parcel is located for review and recommendation in accordance with the provisions of this Section.
(b) The applicable Zoning Board of Adjustment shall, in its review and recommendation, apply the substantive provisions of this zoning regulation.
(c) At least one public hearing shall be held on the application during the municipal review process.
(d) Notice to abutters and the public shall be required for any public hearing on an application for Special Exception in accordance with the requirements of Section 314.03(c).
(e) Recommendation to the Board regarding requests for a Special Exception shall be made by the applicable zoning board of adjustment within sixty (60) days of referral. Notice of the recommendation shall be provided to the applicant and the Board within 48 hours of the decision.
(f) The recommendation of the applicable zoning board of adjustment shall be deemed a final decision of the Board upon the expiration of fourteen (14) days from the date of notice, unless the applicant or a member of the Board requests a hearing by the Board.
(g) Where a hearing has been requested, the Board shall conduct a public hearing and render a final decision on the request for a Special Exception within thirty (30) days.
(h) At the discretion of the Board the time period for rendering a final decision may be extended an additional thirty (30) days, or such additional time as may be consented to by the applicant.
(i) The Board may approve, conditionally approve or deny the application notwithstanding the recommendation of the applicable zoning board of adjustment. In the case of denial of any application by the Board or where the Board elects not to follow the recommendation of the applicable zoning board of adjustment, the ground(s) for such action shall be stated on the record and provided to the applicant and to the applicable zoning board of adjustment in writing.
314.05 Uses Permitted by Special Exception
(a) Uses permitted only by Special Exception granted in accordance with the provisions of this Section, and the zones in which such Special Exception uses are permitted are as follows:
ZONES
USE A | AI | I | BC | NR
1. Open lot storage X X X
2. Uses of buildings X X X X or structures planned
for demolition, removal or reconstruction that are compatible with permitted uses and provided the use shall not extend beyond the time such demolition, removal or reconstruction is planned to be undertaken
3. Motor vehicle service X X X Xstation (excluding auto body repairs and
painting)
4. Vehicle Maintenance X X X
facility/carwash in support of permitted use
5. Radio, television, X X X X X communication and data
transmission services and facilities including antennae and satellite dishes
6. Heliport as accessory X use
7. Testing laboratories X X X and facilities
8. Public utility facilities X X X X X
9. Aircraft operations X and ground engine run- ups not otherwise
permitted
10. Light industrial and X research and development uses not dependent upon the airport and of limited duration not to exceed five (5) years.
11. Performing arts centers and X X X associated activities, facilities and accessory uses including celebrations, receptions, food services for patrons, gift and souvenir sales, arts and craft demonstrations and administrative offices
12. Radio or television studios X X
Legend:
A = Airport
AI = Airport Industrial
I = Industrial
B/C = Business/Commercial
NR = Natural Resource
[PART 314 ADOPTED JANUARY 25, 1994]
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