It is the intent of this chapter to use special
use permits to control the impact of certain uses upon areas where
they will be incompatible unless conditioned in a manner suitable
to a particular location. Special use permits bring needed flexibility
and individuality to the otherwise rigid controls of zoning regulations.
A.
The Town Planning Board is authorized to review and
grant special use permits, as provided for by this chapter. Upon written
direction of the Planning Board, the Code Enforcement Officer is hereby
empowered to issue a special use permit as provided for by this chapter.
B.
Uses permitted by special use permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article VII in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
C.
A special use permit shall authorize only one particular
special use. The special use permit shall expire if the use shall
cease for more than one year for any reason.
D.
No person shall be issued a special use permit for
a property where there is an existing violation of this chapter.
A.
The Planning Board may grant a special use permit for uses described in Article VII provided that all requirements and conditions set forth in that article are complied with.
B.
The Planning Board shall make written findings for each special use permit decision. Findings shall state the reasoning behind, the basis for, and the evidence relied upon to reach the decision. Compliance with the requirements or Article VII shall also be maintained, in addition to the following concerns:
(1)
Ingress and egress to the property and proposed structures
thereon, with particular reference to vehicular and pedestrian safety,
and convenience, traffic flow and control, and access in case of fire
or catastrophe.
(2)
Off-street parking and loading areas where required, with particular attention to the items in Subsection B(1) above, and the noise, glare or odor effects of the special use permit use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permit use.
(4)
Utilities as appropriate, with reference to locations,
availability and compatibility.
(5)
Storm drainage, including potential impact on downstream
properties.
(6)
Screening and buffering, with reference to type, dimensions
and character.
(7)
Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect and compatibility
and harmony with properties in the district.
(8)
Required yards and other open space.
(9)
General compatibility with adjacent properties and
other properties in the zone district.
A.
All applications for special use permits shall be
made in quadruplicate to the Code Enforcement Officer on forms provided
by him.
B.
The Code Enforcement Officer, after determining that
an application is in proper form, shall transmit copies of the application
and all supporting documents to the Planning Board for approval, in
accordance with the procedures specified below.
C.
The Code Enforcement Officer shall transmit a copy
of the complete application and supporting documents to the County
Planning Board for review when required under Article 12-B, § 239-m,
of the General Municipal Law.
D.
Each application for a special use permit shall be accompanied by a proposed site plan showing the information required for site plan approval as described in Article X of this chapter.
E.
Public hearing.
(1)
Prior to taking action on an application for a special
use permit, the Planning Board shall conduct a public hearing on the
proposed request. Said hearing shall be conducted within 62 days following
the receipt of a complete application and supporting documents from
the Code Enforcement Officer.
(2)
The Planning Board shall send a notice of the public
hearing to the applicant and publish a notice of the public hearing
in the official newspaper, one of general circulation in the Town.
(3)
The notice of the public hearing shall be sent and
published at least 10 calendar days prior to the date of the public
hearing. Such notice shall include sufficient information so as to
identify the property involved and the nature of the proposed action.
F.
If the application was transmitted to the County Planning
Board under Article 12-B, § 239-m, of the General Municipal
Law, the Planning Board shall not act within the first 30 days following
the referral of the application to the County Planning Board unless
said Board provides a written reply to the Town within the thirty-day
period.
G.
The Planning Board shall render its decision, either
approving, approving with conditions, or denying the special use permit,
within 62 days after the public hearing unless an extension is mutually
agreed upon by the Planning Board and the applicant.
H.
In approving an application, the Planning Board may
impose any modifications or conditions it deems necessary to conform
with the goals and objectives of the Town's Comprehensive Plan, and
its principles of land use and development and to protect the health,
safety or general welfare of the public.
I.
If an application is approved by the Planning Board,
the Code Enforcement Officer shall be furnished with a copy of the
approving resolution of the Planning Board and he shall issue the
permit applied for in accordance with the conditions imposed by the
Board.
J.
If any application is disapproved by the Planning
Board, the reasons for such denial shall be set forth in the Board
resolution and a copy of such resolution shall be transmitted to the
Code Enforcement Officer. The Code Enforcement Officer shall deny
the application accordingly by providing the applicant with a copy
of the Board's reasons for disapproval.
K.
The Code Enforcement Officer shall inspect the premises
of a use authorized and approved with a special use permit not less
than one time each calendar year. The inspection shall determine that
the use is being operated consistent with the terms and conditions
established by the Planning Board in approving the permit. if the
Code Enforcement Officer shall determine that the conditions are not
in compliance with the permit, the Code Enforcement Officer shall
nullify the special use permit and set forth the procedures and requirements
for reestablishing the use. The use may not be operated until a new
application is submitted and approved.
