§ 135-910-05. Special permit criteria.

The SPGA shall not render a decision on an application for a special permit until it has made its findings. Said findings shall include but not be limited to the following:

1. 

Demonstrate compliance with the regulations of the Office of Outdoor Advertising.

2. 

Demonstrate that no residentially zoned property or pre-existing nonconforming property or other property used for residential purposes, excluding hotels or motels, is within a one-thousand-foot radius of the proposed location.

3. 

Demonstrate that the proposed location does not adversely interfere with the use of adjacent properties, including, but not limited to, increasing noise or vibration, casting a shadow on or causing a flicker on adjacent properties.

4. 

Demonstrate that the proposed billboard is in harmony with or suitable for the surrounding area and would not do significant damage to the visual environment. In making the determination, the special permit granting authority may consider, among other factors, health, safety, general welfare of the public, the scenic beauty of the area, the physical, environmental, cultural, historical or architectural characteristics of the location and area, proximity of the proposed billboard to schools, or places of worship or open space, architectural characteristics of the location and area, the structure, height, and size of the sign, and the number of signs on the premises and in the area where the billboard is to be located.

5. 

No flashing lighting shall be allowed. Flashing shall be defined as changing natural or artificial light or color effects by any means except as may occur when panels or messages change on electronic/digital billboards.

6. 

No sexually orientated, sexually provocative or adult-oriented businesses as defined in Article XIII, § 135-1302 shall be advertised on a billboard.

7. 

The Planning Board shall determine the amount of annual hours the billboard shall devote to public service announcements during a calendar year.

8. 

Financial or other compensation to the Town, including but not limited to removal of existing nonconforming billboards, to mitigate the impact of the proposed billboard on the Town, in a form and/or amount identified in an agreement approved by the Office of the Mayor and the Town Solicitor.

Added 3-17-2015 by Ord. No. 14-066(14)