§ 184-176. Application of conditional use standards.  


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  • The requirements of this article shall be considered the minimum standards which must be complied with in order for the respective conditional uses or structures to be permitted in the various zone districts. In applying the standards, the following shall apply:
    A. 
    Conflict with other land use regulations In the event that any conditional use standard conflicts with any requirement of this chapter not contained in this Article XIX, the conditional use standard shall apply, unless the context indicates otherwise.
    B. 
    Reference to other regulation. If a standard in any other article of this chapter or in any other law or document is incorporated by reference for any conditional use in this article, such referenced standard shall be construed to be a conditional use standard. A violation of any such referenced standard shall be considered a violation of a conditional use standard.
    C. 
    Applicability of other land use regulation not referenced herein. If any requirement of this chapter not contained or referenced in this Article XIX does not conflict with the conditional use requirements, said chapter's requirement shall be applicable to the conditional use, unless the context indicates otherwise. A violation of any requirement of this chapter applicable to any conditional use, but which requirement is not referenced in this Article XIV, shall not be considered to be a violation of a conditional use standard.
    D. 
    Existing conditional use. If conditional use approval is sought for an existing use, building or structure which is regulated as a conditional use by this article and which existed at the time of this chapter, or for any enlargement or expansion of an existing conditional use, or for the conversion of an existing conditional use to another conditional use, there must be full compliance with the requirements of this article in the same manner as if a new conditional use, building or structure were proposed. In the event that there is not full compliance with this article, the use and/or structure shall remain as a nonconforming use and/or structure, and any expansion, enlargement or conversion shall not be permitted as applicable except as may be approved as a use variance.
    E. 
    More than one conditional use on a lot. In the event that more than one conditional use is proposed on a lot, or which, in the opinion of the Board, could reasonably be anticipated to involve more than one conditional use, the more restrictive conditional use standard shall apply. In applying this provision, the Board shall not be limited to the conditions and standards of any one of the conditional uses involved, but may apply a specific standard or condition from either or any of the uses involved. It is not intended that this provision apply to part-time schools on the same lot with and which are conducted as an adjunct or supplement to the activities of a house of worship or religious organization, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education and the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations.
    F. 
    Exemption of parks, public playgrounds and municipal use of all kinds. Parks, public playgrounds and municipal uses of all kinds are not considered conditional uses and are permitted without the necessity for use approval, conditional use approval or site plan review and approval by the Board.