A.
On application, and after public notice and hearing,
the Town Board may authorize the issuance by the Building and Zoning
Inspector of permits for any of the special permit uses for which
this chapter requires such permits in the district in which such use
is proposed to be located. In approving any such use, the Town Board
shall take into consideration the public health, safety and welfare
and the comfort and convenience of the public in general and of the
residents of the immediate neighborhood in particular and may prescribe
appropriate conditions and safeguards as may be required in order
that the result of its action shall, to the maximum extent possible,
further the expressed intent of this chapter and the accomplishment
of the following objectives in particular:
(1)
All proposed structures, equipment or material shall
be readily accessible for fire and police protection.
(2)
The proposed use shall be of such location, size and
character that, in general, it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
(3)
In addition to the above, in the case of any use located
in, or directly adjacent to, a residential district:
(a)
The location and size of such use, the nature
and intensity of operations involved in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient to or conflict with the normal traffic of the neighborhood;
and
(b)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings.
B.
Each application for a special permit use shall be
accompanied by a proposed plan showing the size and location of the
lot and the location of all buildings and proposed facilities, including
access drives, parking areas and all streets within 200 feet of the
lot.
C.
Any use for which a special permit may be granted
shall be deemed to be a conforming use in the district in which such
use is located, provided that such permit shall affect only the lot
or portion thereof for which such permit shall have been granted.
D.
The Town Board may require that special permits be
periodically renewed. Such renewal shall be granted following due
public notice and hearing and may be withheld only upon a determination
by the Town Board to the effect that such conditions as may have been
prescribed by the Town Board in conjunction with the issuance of the
original permit have not been, or are being no longer, complied with.
In such cases a period of 60 days shall be granted the applicant for
full compliance prior to the revocation of said permit.
E.
The fee for special permits under this section shall
be in accordance with the Standard Schedule of Fees of the Town of
Eden as may be adopted from time to time by the Town Board.
G.
Whenever application is made to construct housing
for the elderly (i.e., housing subsidized by the state or federal
governments for the use of elderly persons as defined by such governments),
the Town Board in granting a special permit may waive or amend sections
or parts of sections of this chapter pertaining to parking, screening,
lighting and recreation fees under § 225-32H(6) as it shall
deem proper so long as the general purposes of this chapter are observed.
[Added 3-24-1999 by L.L. No. 1-1999]
[1]
Editor's Note: Former § 225-47,
APO District residential development, was repealed 11-18-2000 by L.L.
No. 5-2000.
