A.
Uses that require special use permit approval have
a unique character that makes their establishment as a permitted or
accessory use without prior review impracticable or undesirable. This
review shall be for the purpose of determining that each proposed
use is, and will continue to be, compatible with surrounding existing
and planned uses.
B.
Unless otherwise provided, the special permitted uses
outlined in the zoning districts of this chapter shall be presumed
to be permitted uses in their respective districts, subject to the
satisfaction of the requirements and standards outlined in this code.
All special permitted uses possess unique characteristics and will
be considered on an individual basis.
C.
No special use permit shall be issued unless the Town
Board finds the use complies with the following general requirements:
(1)
The use is designed, located and proposed to
be operated so the public health, safety, welfare and convenience
will be protected.
(2)
The use will not cause substantial injury to
the value of other property in the neighborhood where it is located.
(3)
The use will be compatible with adjoining development
and the character of the neighborhood where it is located.
(4)
Adequate landscaping and screening is provided
to preserve the character of the neighborhood.
(5)
Adequate off-street parking and loading are
provided and the special use will not substantially interfere with
traffic on abutting streets.
A.
Applications shall be submitted on the forms provided
by the Town, and unless no site plan is required, shall be submitted
simultaneously with the site plan application.
B.
Within 31 days after receipt of the application, the
Planning Board shall review the application, site plan, and supporting
data, and Board shall recommend approval, approval with modifications
or conditions, or disapproval of the special use permit. The Planning
Board's action shall be in the form of a written recommendation of
approval or disapproval of the application.
C.
The failure of the Planning Board to act within 31
days following the conclusion of such hearing, or such longer period
as may be agreed to by the applicant, shall be deemed a recommendation
for the approval of the development plan as submitted.
D.
Within 31 days following the receipt by the Town Board
of the report of the Planning Board, or its failure to act as above
provided, the Town Board shall conduct a public hearing. Within 62
days thereafter the Town Board shall either approve or deny the special
use permit.
E.
In granting approval, the Town Board may impose conditions
as necessary to ensure the harmonious integration and compatibility
of special permitted uses within neighborhoods and with surrounding
areas.
F.
Each special use permit shall be deemed to only approve one use.
[Added 9-16-2015 by L.L.
No. 8-2015]
G.
Any special use permit granted shall include any conditions established
by the grant of a variance related to the permit.
[Added 9-16-2015 by L.L.
No. 8-2015]
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.
A.
Inspections shall be carried out at least annually
for agricultural animal special use permits, before renewal for all
special use permits; and upon complaint by the public or Town officials
where appropriate, and in accordance with applicable law.
B.
Whenever it shall appear to the Town Board, based
on investigation or complaint from the public, that a permit holder
is not complying with a condition of a special use permit, the Town
Board may, after holding a public hearing at which the permit holder
is given an opportunity to be heard, order the revocation of the permit
either immediately, or after a cure period, if the permit holder fails
to cure the violation. Upon revocation of the permit, the use shall
immediately cease and desist until a new special use permit is issued
by the Board.
A.
Where a special use permit shall have been issued
with an expiration date, the following shall be the procedure for
renewal:
(1)
Between 30 and 60 days prior to the date of
each special use permit renewal, a Code Enforcement Officer shall
arrange for an inspection of the permitted property. Based on this
inspection, the Officer shall prepare a report to the Town Board stating
whether:
(2)
In cases where violations of the existing permit
and/or of other Town Codes are found, the report to the Town Board
shall specifically list each violation, the specific provision of
the Town Code or state code that is violated, the recommendation for
how to correct the condition, and any other information that the staff
feels is appropriate for the Board to consider in the renewal.
(3)
A special use permit renewal shall not be placed
on the regular agenda until so directed by the Town Supervisor.
(4)
Based on the report of the staff and, where
applicable, any subsequent investigation, the Town Board shall:
