In approving a special use permit, the Town
Board must make the following findings:
A. The proposed use, building, structure or development
is consistent with the intent of each district.
B. Special use permits may be recommended by the Planning
Board and authorized by the Town Board only upon a satisfactory evaluation
of the following factors:
(1)
The general character, height, and use of a
structure or structures.
(2)
The provision of surrounding open space and
the treatment of grounds.
(3)
The impact on the surrounding properties and
neighborhood.
(4)
The adequacy of automobile parking or storage.
(5)
The street capacity and uses as may be necessary
to limit air pollution in the interest of the public health, comfort
and convenience.
C. The proposed use or structure will not be detrimental
to the public health, safety and welfare of the community.
[Amended 9-16-2015 by L.L. No. 8-2015]
A. Expiration of a special use permit occurs in the following circumstances:
(1)
After the time period set in the special use permit. To insure
compliance with conditions on the permit, the Board may, in its sole
discretion, set shorter time periods for the first year of a special
use permit than upon renewal.
(2)
A special use permit is terminated on the next day following
the end of any period granted to correct deficiencies and/or violations
of any condition attached to the granting or renewal of the permit,
where such period has been established by the Board after a hearing.
(3)
A special use permit shall expire if the special permitted use
fails to obtain a building permit within three months of the Town
Board's approval.
(4)
A special use permit shall expire, where no structure is involved,
if the lot shall not have been put into use, for the purpose for which
such permit was granted, within 12 months after the date of issue
of such permit.
(5)
A special use permit shall expire if construction and/or use
of the structure for which such permit was granted shall not have
actually begun within 12 months after the date of issue of such permit.
(6)
A special use permit shall expire if the entire structure for
which such permit was granted shall not have been completed according
to filed plans within three years after the date of such permit.
B. An applicant may apply for a new special use permit to replace the
terminated permit. Such new permit is subject to the approval process
in use at the time of application.