The special uses for which conformance to additional standards is required by this chapter (see Article IV, District Use and Bulk Requirements) shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special form that each specific use shall be considered as an individual case.
Application for the required special permit shall be made to
the Town Board. Each such application shall be referred by the Town
Board to the Planning Board for a report, which report shall be rendered
prior to the date of the public hearing on the application. The Town
Board, after a public hearing with the same notice as required by
law for Zoning Ordinance amendments and with notice mailed to owners
of record of property located within 250 feet of the property included
in the application and to any adjacent municipality located within
500 feet of the property included in the application in accordance
with General Municipal Law § 239-nn, may authorize the issuance
of such a special permit, provided it shall find that all of the following
conditions and standards have been met:
A.
The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, the size
of the site in relation to it and the location of the site with respect
to streets giving access to it are such that it will be in harmony
with the appropriate and orderly development of the district in which
it is located.
B.
The location, nature and height of buildings, walls, fences and the
nature and extent of the landscaping on the site are such that the
use will not hinder or discourage the appropriate development and
use of adjacent land and buildings.
C.
Operations in connection with any special use will not be more objectionable
to nearby properties by reason of noise, fumes, vibration or other
characteristics than would be the operations of any permitted use
not requiring a special permit.
D.
Parking areas will be of adequate size for the particular use, properly
located and suitably screened from adjoining residential uses, and
the entrance and exit drives shall be laid out so as to achieve maximum
safety.
A plan for the proposed development of a lot for a permitted
special use shall be submitted with an application for a special permit.
The plan shall show the location of all buildings, parking areas,
traffic access and circulation drives, open spaces, landscaping, topography,
special features and any other pertinent information, including such
information about neighboring properties as may be necessary to determine
and provide for the enforcement of this chapter.
[Amended 10-12-1995]
The Planning Board shall attach such conditions and safeguards
to the special permit as are necessary to assure continual conformance
to all applicable standards and requirements.
A special permit shall be deemed to authorize only the particular
use or uses specified in the permit and shall expire if said use or
uses shall cease for more than six months for any reason or if all
required improvements are not made within one year from the date of
issuance.
No permit shall be issued for a special use for a property where
there is an existing violation of this chapter.
[Amended 10-12-1995]
Special permits may be granted only upon authorization of the
Planning Board and are subject to County Planning Board review according
to General Municipal Law, § 239-m.
Special permits shall be reviewed at least once a year by the
Code Enforcement Officer.
