[Added 1-4-1966]
In Highway Interchange HIC Districts the following
uses are permitted:
A.
Use of land within the district by the State of New
York for the construction and maintenance of highways, expressways,
limited access highways, interchanges, access roads, bridges and uses
incidental to such construction and maintenance.
B.
All uses permitted in Business GB Districts subject to all the provisions specified for such business districts and subject to the issuance of a special permit by the Board of Appeals as provided in § 125-21 of this article.
[Amended 9-1-1970]
C.
The following uses are permitted after issuance of
a Special Permit by the Town Planning Board:
[Added 3-3-1998 by L.L. No. 4-1998]
[Amended 9-1-1970; 7-3-1973]
Applications for the special permits required
in this article shall be submitted to the Board of Appeals, together
with plans, maps and surveys showing the structures proposed to be
erected, the area involved and its relationship geographically and
topographically with the highways and the adjoining lands for a distance
of at least 500 feet from each of the boundaries of the area involved.
The Board of Appeals shall approve, approve with modification or disapprove
such application in accordance with the following standards:
A.
Proper use of the land, giving due regard to the construction
and maintenance of highways, expressways, limited-access highways,
interchanges, access roads, bridges and the uses incidental to such
construction and maintenance.
B.
Proper distribution of population as well as having
due regard for proper distribution of traffic-generating land uses,
their effect on the use and safety of the highways and for the purpose
of preventing traffic hazards and congestion detrimental to public
health, welfare and safety.
C.
Proper ingress and egress to and from land adjoining
the highways and provision for keeping curb cuts to a minimum, giving
due consideration to the feasibility of pooling access points along
the highway.
D.
Proper safety measures and the convenient movement
of traffic on highways adjoining the land for which a permit is requested,
as well as the effect on safety and the convenient movement of traffic
on access roads and interchanges.
E.
Provision for safe and adequate off-street parking facilities, the minimum of which shall be as provided in § 125-40 of this chapter.
G.
Proper use of the land, giving due regard to the use
of adjoining land and whether or not the requested use will be injurious
or damaging to the neighborhood or in any manner detrimental to the
purposes and objectives of this chapter.
H.
Proper use of the land, giving due regard to the terrain
within and adjoining the district and the development of the land
within the district for the purpose of protecting the health, safety
and welfare of the community.
I.
Proper use of the land, giving consideration to the
possibility of dangerous and uncontrolled fires and quick access to
all land within the district by fire-fighting equipment.
[1]
Editor's Note: Former § 125-22,
Building setback, was repealed 11-19-1985 by L.L. No. 10-1985.
