A.
The intent of this article is to set forth additional requirements
which shall apply to certain land uses and activities which, due to
their characteristics, or the special characteristics of the area
in which they are to be located, require special consideration so
that they may be properly located and planned with respect to the
objectives of this chapter and their effect on the surrounding properties
and community character.
B.
The primary purpose of special use permit review is to ensure compatibility
with the surrounding neighborhood and to ensure the long-term benefit
of the use to the Town.
C.
All uses designated a special use permit are permitted uses in their
respective districts subject to the satisfaction of the requirements
and standards set forth in this section and such conditions as the
Planning Board may determine.
All special use permit review and approval shall occur as a
part of site plan review. Applicants shall refer to the site plan
review for application content.
The Planning Board shall consider the following general criteria,
in addition to criteria set forth in the site plan review, when making
a determination for a special use permit:
A.
Compatibility of the proposed use with the principles of the district,
the purposes set forth in this chapter, and the goals of the Comprehensive
Plan.
B.
Compatibility of the proposed use with adjoining properties and with
the natural and man-made environment.
C.
The height of buildings, walls, fences and the nature and extent
of landscaping on the site are such that the use will not hinder or
discourage the appropriate development and use of adjacent land and
buildings.
D.
Adequacy of parking, vehicular circulation, and infrastructure for
the proposed use, including accessibility to fire, police, and emergency
vehicles and sufficient water supply and appurtenances for firefighting
purposes.
E.
The overall impact on the site and its surroundings considering environmental,
social and economic impacts of traffic, noise, dust, odors, release
of harmful substances, solid waste disposal, glare, or any other nuisances.
F.
Restrictions and/or conditions on design of structure or operation
of the use (including hours of operation) necessary either to ensure
compatibility with the surrounding uses or to protect the natural
or scenic resources of the Town.
G.
Consistency of the location of the proposed use with the goal of
creating a healthy mix of uses that enhances the viability of the
Town.
H.
Compatibility with the historic character and use of the structure
or structures and the historic character of the site and in the surrounding
area, if applicable.
A.
If a use is designated as needing a special permit in the Use Table,[1] such use shall be granted approval, approval with conditions,
or denied in conjunction with the site plan approval process.
[1]
Editor's Note: The Use Regulation Table is included as an attachment to this chapter.
B.
As part of approval process, the Planning Board shall consider the
criteria listed herein.
C.
A public hearing is required for all special permit uses.
D.
The Planning Board shall schedule and notice a public hearing in
accordance with the time frames and process under site plan review.
E.
The special use permit process shall be concluded in conjunction
with site plan review.
The Planning Board shall not issue a special use permit unless
it makes a recorded finding that the proposed use will satisfy the
standards set forth herein. In order to reach positive findings in
support of the special use permit, the Planning Board may require
conditions of, and/or modifications to, the project. Such conditions
must relate to the impact of the project. If the Planning Board does
not make a positive finding in support of the special use permit,
it shall deny the special use permit. In issuance of such a denial,
the record of the Planning Board must address the criteria outlined
above and include the facts and reasons upon which such denial was
based.
A.
Any violation of the conditions of a special use permit or a violation
of any applicable performance criteria of this chapter shall be deemed
a violation of this chapter and shall be subject to enforcement action
as provided herein.
B.
All special use permits shall run with the land and will be transferred
to successive property owners, provided the permit has not expired
and it is not revoked for failure to meet the permit conditions. This
section shall not apply to special use permits for events center uses.
A new owner of a property that had been the subject of a special use
permit for an events center shall not use the property as an events
center without first applying for and obtaining a new special use
permit.
[Amended 9-8-2020 by L.L. No. 2-2020 (Res. No. 134-2020)]
C.
Expiration of special permits. 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 any reason for
a twelve-month period. Unless the project is complete to the point
of vesting, a special use permit shall expire after 18 months. A one-year
extension may be granted upon application to the Planning Board.
