Part 2 — Unified Development Ordinance Zoning Regulations
City of Andover Unified Development Manual

d. Data which supports the standards specified in Section 11-107C.
107 Conditional Uses A. A conditional use is a particular use of a structure or land that, in order to be permitted, must be specifically authorized by the BZA as an exception to the provisions of the Zoning Regulations. 1. Only uses in the list of conditional uses for a particular zoning district may be permitted as a specifically authorized conditional use in that zoning district. 2. The BZA may attach conditions to the approval of a conditional use, in order to make the use more compatible with its surroundings. 3. To be granted, a conditional use must comply with all applicable provisions of these Zoning Regulations. B. Application. The Applicant must file an application for a conditional use with the Zoning Administrator. The application must include: 1. The legal description of the subject property. 2. A list of all property owners of record in the notification area , as described in Section 11-103D of these Zoning Regulations. 3. The filing fee. 4. The following information: a. A statement or diagram showing that the conditional use complies with any attached conditions . b. A statement describing why the proposed conditional use will not cause substantial injury to the value of other property in the neighborhood. c. A statement describing how the design and operation of the proposed conditional use will permit development and use of neighboring properties in accordance with applicable zoning district regulations.
5. Additional information as may be required by the BZA. C. Standards. The BZA may grant a conditional use only after making specific findings of fact , based upon the particular evidence presented to it at the hearing, showing that all the following conditions will be met. 1. The proposed conditional use complies with all applicable zoning regulations, including lot size requirements, bulk regulations, use limitations and performance standards, or a concurrent application for a variance is in process. 2. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood. 3. The proposed conditional use will not dominate the immediate neighborhood, preventing development and use of neighboring property in accordance with applicable zoning district regulations. a. When determining whether the conditional use will dominate the immediate neighborhood, consider: (1) Location and size of the conditional use. (2) Nature and intensity of operations conducted in connection with the conditional use. (3) Street access to the site. (4) The location, nature and height of building structures, walls and fences on the site. (5) The nature and extent of landscaping and screening on the site.
Main TOC Zoning TOC Board of Zoning Appeals

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