The following requirements shall apply to all
uses for which special permits are required by this chapter:
A. A special permit from the Zoning Board of Appeals which meets the conditions of §§
307-41 and
307-42 shall be required for accessory apartments and those home occupations designated as requiring special permits by §
307-14, Content of Table of Permitted Uses, of this chapter.
B. A special permit from the Town Board which meets the conditions set forth in §§
307-41,
307-42 and
307-43 and the conditions of any other applicable section of this chapter shall be required for multifamily dwellings in the multifamily special permit area, Community Betterment District, uses which require special permits in the Camp Smith Reuse District and special reuse and conservation development. As provided in the State Environmental Quality Review Act (SEQR) and regulations (6 NYCRR Part 617), the Town Board need not apply SEQR to its decision process if the Town Board determines that the special permit will not be entertained. If the Town Board makes an initial determination that the special permit will be entertained, the Town Board may establish preliminary guidelines regarding use, density and other factors and shall refer the application to the Planning Board for its recommendation subsequent to a Planning Board public hearing as required in §
307-41B. In making its recommendation to the Town Board, the Planning Board may require from the applicant information listed in §
307-71 of this chapter. The Town Board shall not take action on any such special permit until it either has received a recommendation from the Planning Board or 60 days have passed after the close of the public hearing held by the Planning Board. Subsequent to the issuance of a special permit by the Town Board, the applicant may make application to the Planning Board for site development plan approval.
[Amended 3-13-2007 by L.L. No. 8-2007]
C. A special permit from the Planning Board which meets the conditions set forth in §§
307-41 and
307-42 and, in addition, meets the conditions of site development plan approval set forth in Article
XII and other applicable sections of this chapter shall be required for all uses which require special permits except as specified in Subsections
A and
B.
The Town Board, as the Town's legislative body, in granting, conditionally granting or denying a special permit, is not bound solely to the general conditions or standards contained in §
307-42 or other applicable sections of this chapter, but may consider any matter related to the public welfare but not enumerated in this chapter.
Any special permit granted for a use which is
subsequently discontinued for a period of five years will become null
and void at the conclusion of those five years.