The purpose of conditional use approval is to
allow the proper integration into the community of uses which may
be suitable only under certain conditions and at appropriate locations.
Because of their unusual characteristics or the special characteristics
of the area in which they are to be located, conditional uses require
special consideration so that they may be properly located with respect
to the objectives of this chapter and their effect on surrounding
properties.
[Amended 11-14-2001 by L.L. No. 8-2001]
Pursuant to § 274-a of the Town Law,
the Planning Board is hereby authorized to approve conditional uses.
The conditional uses listed in this chapter may be permitted, enlarged
or otherwise altered upon authorization by the Planning Board in accordance
with the standards and procedures set forth in this Article. In permitting
a conditional use or the modification of a conditional use, the Planning
Board may impose those standards and requirements expressly specified
by this chapter and any additional conditions which the Planning Board
considers necessary and reasonable to protect the best interests of
the surrounding property, the neighborhood or the Town as a whole.
These conditions may include, but are not limited to, size or controlling
the location and number of vehicle access points, increasing the street
width, limiting the number, size and location of signs, limiting hours
of operation, and requiring fencing, screening or other facilities
and/or preservation and/or planting of trees and landscaping to protect
adjacent or nearby property. In the case of a use existing prior to
the effective date of this chapter and classified in this chapter
as a conditional use, any change in use or in lot area or an alteration
of structure shall conform to the requirements dealing with conditional
uses.
In addition, 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 or conducted in connection therewith,
its site layout and its relation to existing 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 incongruous with, the said residential district
or conflict with the normal traffic of the neighborhood.
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.
A.
A property owner(s) or his agent(s) may initiate the
procedure of a conditional use or modification of a conditional use
by filing an application which includes:
(1)
A legal description of the property.
(2)
A proposed current site plan showing the size and
location of the lot, the location of all buildings and proposed facilities,
including access drives, parking areas and all streets within 200
feet of the lot, as well as showing the property and all properties
within a radius of 500 feet of the exterior boundaries thereof.
(3)
Plans and elevations necessary to show the proposed
development.
(4)
Other drawings or information necessary to obtaining
an understanding of the proposed use and its relationship to surrounding
properties.
(5)
A filing fee.
B.
In the case where a conditional use has been approved,
a building permit shall be issued after the granting of the conditional
use by the Planning Board, and then only in accordance with the terms
and conditions of the conditional use permit.
C.
Public hearing on conditional use. Before a conditional
use is permitted, the proposed conditional use shall be subject to
public notice and a public hearing.
D.
A conditional use permit shall become void one year after approval
unless, by conditions of the use permit, greater or lesser time is
specified as a condition of approval or unless, prior to expiration
of one year, the use is established as approved. The conditional use
permit shall be void if the use shall cease for more than one year
for any reason. The Planning Board may extend the permit subject to
the requirements of this article.
[Amended 9-27-2012 by L.L. No. 9-2014]
E.
The Planning Board, on its own motion, may revoke
any conditional use permit for noncompliance with conditions set forth
in the granting of said permit after first holding a public hearing
and giving notice of such hearing. The forgoing shall not be the exclusive
remedy, and it shall be unlawful and punishable for any person to
violate any condition imposed by a conditional use permit. In such
cases a period of 60 days shall be granted the applicant for full
compliance prior to revocation of the said permit. In cases where
there is imminent danger to the public health, safety or welfare,
the revocation of the conditional use permit shall be immediate.
F.
The Planning Board may require that conditional use
permits be periodically renewed after notice and a public hearing
to determine if the original conditions have been complied with or
whether conditions have changes since the original conditional use
permit was granted.
A conditional use shall comply with the standards
of the district in which it is located and meet the following:
A.
In order to grant any conditional use, the Planning
Board shall find that the request is in harmony with the general purpose
and intent of this chapter, taking into account the location and size
of use, the nature and intensity of the operations involved in or
conducted in connection with the use and the size of the site with
respect to streets giving access thereto.
B.
In order to grant any conditional use, the Planning
Board shall find that the establishment, maintenance or operation
of the use applied for, under the circumstances of the particular
case, will not be detrimental to the health, safety or general welfare
of persons residing or working in the neighborhood of such proposed
use or will not be detrimental or injurious to the property and improvements
in the neighborhood or to the general welfare of the Town.
C.
The proposal will not result in the destruction, loss
or damage of any natural, scenic or significant historical resource.
D.
The proposal will not create excessive additional
requirements of public cost for public facilities and services and
will not be detrimental to the economic welfare of the community.
E.
The proposal will be served adequately by essential
public facilities, such as highways, streets, police and fire protection,
stormwater drainage, water and sewer and schools, or that the applicant
for the proposed conditional use shall otherwise provide that these
services be adequately obtained.
G.
The proposal essentially conforms to the Town Master
Plan.
[Added 6-26-2002 by L.L. No. 4-2002]
All work performed pursuant to the approval
of the Planning Board shall be constructed in accordance with all
conditions of approval and approved plans.
[Added 8-12-2009 by L.L. No. 7-2009]
Office, industrial, commercial, and multifamily uses shall provide
bicycle racks, and shall also provide sidewalks, marked crosswalks
and other pedestrian pathways to and within parking lots, when required
to do so by the Planning Board.
