§ 423. Light Assembly

A. Purpose. The purpose of this section is to allow the establishment of low impact production enterprises or "light assembly" uses (See Section 202, Definitions) in order to diversify the Town's economic base, provide year-round employment, provide opportunities for islander-owned businesses that can be linked with other parts of the local economy, and encourage environmentally sustainable economic development. The intent of this section is to ensure that the establishment of economic activity that otherwise meets this purpose is done in a manner that protects the health, safety and welfare of the neighborhood in which it is located, and the quality of life and the environment of the island as a whole.

B. Process. Such light assembly uses shall be allowed only in the Residential C/Mixed Use Zone, the Old Harbor Commercial Zone, the New Harbor Commercial Zone, and the Service Commercial Zone, and then only upon the granting of a special use permit by the Zoning Board of Review.

C. Application Requirements. In addition to any relevant submittal requirements contained in Section 703 for a special use permit application, the applicant shall submit the following:

1. An existing conditions site plan consisting of an accurate survey of the parcel showing topography, water bodies and wetlands, vegetative cover and trees, site features and the location and dimensions of all existing structures;

2. A radius map showing all properties within 500 feet of the lot or parcel, with notice sent to all such property owners under the provisions of Section 702, and the location of all structures within 500 feet of the property lines;

3. Building elevations and floor plans, including total square footage of gross floor space, of the building(s) to be used for light assembly purposes. Photographs of an existing building may be accepted in place of drawings of the building exterior;

4. A proposed site plan which indicates the location and dimension of all buildings and structures, existing and proposed, and all site improvements including proposed grading at two foot contours, designated parking and loading areas, areas for storage of raw materials and by-products, and proposed fencing, landscaping and lighting; and

5. A plan that describes the types and quantities of any solid or liquid waste or by-products of the light assembly activity, and procedures for temporary storage and final disposition.

D. Planning Board Procedures. The Planning Board shall review the application for a light assembly use pursuant to the provisions of Section 704, Development Plan Review, and shall give an advisory opinion to the Zoning Board of Review regarding the granting of a special use permit for the proposed use. The Planning Board may undertake the advisory request and the site plan review concurrently as provided for in this Ordinance under Section 704(F).

1. In reviewing the plans and materials, the Planning Board shall apply the relevant development plan review standards contained in Section 501, and the relevant requirements contained in Section 505 involving the use of any toxic or hazardous material.

2. The Planning Board shall determine the consistency of the application for a light assembly use with the purpose of this section and with the Comprehensive Plan.

3. The Planning Board may attach conditions or restrictions as part of their advisory recommendation.

E. General Standards. The following standards shall apply to all proposed light assembly uses regardless of the zoning district in which the lot or parcel is located:

1. Space. A light assembly use shall be limited to 2,500 square feet of gross floor area and shall be completely enclosed within a building;

2. Employees. The production shall involve a work force (excluding business owners) of no more than five (5) full-time employees, or a total of ten (10) full-time and seasonal employees, at any given time;

3. Infrastructure. The lot on which a light assembly use is proposed shall have adequate water and waste disposal to support the production, and shall meet all town and state standards for wastewater disposal, including appropriate approvals from the New Shoreham Water and Sewer Commission;

4. Parking/Loading. The minimum parking and loading requirements as contained in Section 502 shall be provided on-site; and

5. Conforming Lot. The lot for which a light assembly use is proposed shall meet the minimum lot area requirements of the zoning district in which it is located.

F. Standards for Associated Retail. The Zoning Board of Review may allow retail use in association with a light assembly use within a zoning district in which retail is otherwise not permitted if the following standards are met:

1. The retail use is clearly accessory to the principal use on the lot;

2. The sale of products includes only those items produced on-site as part of the light assembly operation;

3. Sales activities take place within a building or within a specifically defined location on the lot;

4. The additional number of parking spaces required for the retail use is provided on-site (based only on the amount of gross area specifically used for retail purposes); and

5. Signage and advertisement related to retail sales are in accordance with the provisions of this ordinance and other applicable town ordinances.

G. Additional Requirements. Prior to the granting of a special use permit for a light assembly use or light assembly use with associated retail, the Zoning Board of Review may establish limits on the operation, including but not limited to, hours of operation, noise levels, lighting, water use and traffic.

(Section Added December 16, 2009)