All uses and activities requiring a special use permit must
be reviewed and approved in accordance with the procedures of this
article.
A. Special uses within the zoning districts are generally considered
to be uses which are appropriate in a particular zoning district but
because of their potential for incompatibility with adjacent uses
require individual review and may require the imposition of conditions
in order to assure the appropriateness of the use in a particular
zoning district.
B. A special use permit shall be required in accordance with the district
use tables in Part 2.
C. The Planning Board shall hear and decide all applications for special
use permits.
D. Specially permitted uses require site plan review unless otherwise
exempt. Concurrent applications are permitted.
Complete applications for a special use permit approval must
be filed with appropriate personnel in the Code Enforcement Office.
Upon request of the Planning Board, the Planning Department
shall prepare a report that reviews the request for a special use
permit.
Upon request of the Planning Board, the Code Enforcement Officer
shall prepare a report that reviews the request for a special use
permit.
Whenever required under §§ 239-l and 239-m of
the General Municipal Law, special use permit applications must be
forwarded to the county planning agency for review prior to final
action by the municipality.
In rendering a decision, the Planning Board shall consider and
make findings that the proposed use:
A. Will be generally consistent with the goals of the Comprehensive
Plan;
B. Meets any specific criteria set forth in this chapter;
C. Will be compatible with existing uses adjacent to and near the property;
D. Will be in harmony with the general purpose of this chapter;
E. Will not tend to depreciate the value of adjacent property;
F. Will not create a hazard to health, safety or the general welfare;
G. Will not alter the essential character of the neighborhood nor be
detrimental to the neighborhood residents; and
H. Will not otherwise be detrimental to the public convenience and welfare.
Special use permits that have been issued for specific time
periods are subject to review for compliance with all of the conditions
imposed at the time of approval of the initial permit. Following a
public hearing on the matter, the Planning Board may deny a renewal
of a special use permit when any of the following apply:
A. The petitioner has failed to comply with one or more of the conditions
of the prior approval.
B. Substantial new issues regarding the permit conditions during the
operation of the use have arisen.
C. The general requirements of this chapter have not been met.
D. There are changes in the area or neighborhood which would be incompatible
with the special use.
Amendments or revisions to an approved special use permit require
review and approval in accordance with the special use permit procedures
of this article.
A special permit is not transferable except upon approval by
resolution of the issuing board. A special permit shall authorize
only one special use and shall expire if the special use ceases for
more than three months for any reason.