It is the purpose of this chapter to use special use permits
to control the impact of certain uses upon areas where they will be
incompatible unless conditioned in a manner suitable to a particular
location. Such special use permits bring needed flexibility and individuality
to the otherwise rigid controls of zoning regulations.
The Zoning Board of Appeals will administer the review and granting of special use permits. Pursuant to § 274-a of the Town Law, the Zoning Board of Appeals shall refer to the Planning Board those requests for special use permits which require site plan review pursuant to Article XI of this chapter. Upon the Planning Board's approval or deemed approval pursuant to § 200-82B of those matters so referred, the Zoning Board of Appeals shall complete the special use permit review hereinafter set forth. Pursuant to Town Law § 274-b, the Zoning Board of Appeals shall hold a hearing within 62 days of receipt of the completed application.
A.
Special use permits may be authorized by the Zoning Board of Appeals
only upon the imposition by such Board of such conditions and safeguards
deemed appropriate by the Board to insure that such uses are not prejudicial
or injurious to adjoining and neighboring properties and that they
will not be violative of the public convenience and welfare. All appropriate
conditions deemed by the Board to be necessary to safeguard the public
health, comfort, convenience and general character of the neighborhood
must be specifically set forth in the resolution granting such special
use permit. Failure of the permittee to abide by such conditions shall
be deemed a violation of this chapter.
B.
A special use permit granted by the Zoning Board of Appeals authorizing
the issuance of a building permit shall expire within 180 days of
the granting of such authorization in the event that such building
permit is not applied for within such one-hundred-eighty-day period.
Extension of such authorization may be granted by the Zoning Board
of Appeals for additional ninety-day periods for good cause shown.
C.
General standards. For every special use permit, the Zoning Board
of Appeals shall determine that:
(1)
Such use will be in harmony and promote the general purposes and
intent of this chapter.
(2)
The lot area is sufficient, appropriate and adequate for the use
and for its reasonably anticipated operation and expansion.
(3)
The proposed use will not prevent the orderly and reasonable use
of adjacent properties.
(4)
The site is particularly suitable for the location of such use in
the community.
(5)
The characteristics of the proposed use are not such that its proposed
location would be unsuitably near any place of public assembly.
(6)
Access facilities are adequate for the estimated traffic from public
streets and sidewalks in order to assure public safety and avoid traffic
congestion.
(7)
All proposed curb cuts have been approved by the street or highway
agency which has jurisdiction.
(8)
Sufficient off-street parking and truck loading spaces are to be
provided.
(9)
Adequate buffer yards and screening are to be provided where necessary
to protect adjacent properties and land uses.
(10)
Adequate provisions will be made for the collection and disposal
of stormwater runoff from the site, and of sanitary sewage, refuse
or other waste, whether liquid, solid, gaseous or of other character.
(11)
That the use will not unreasonably interfere with the preservation
and integrity of any historic building.
(12)
That the application for the proposed use recognizes and provides for the further specific conditions and safeguards, if any, set forth in Article VII for particular uses.
(13)
The length of time the permit is valid for and whether the permit
should be personal to the applicant and expire upon sale of the property.
