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 harmony
with the Zoning Code and that proposed uses will not adversely affect
the neighborhood if the special use requirements are met, compatibility
with the surrounding neighborhood and to ensure the long-term benefit
of the use to the Town.
All special use permit review and approvals shall occur as a part of any applicable site plan review. Applicants shall refer to Article IX, Site Plan Review, for application content. If a proposed special use permit contains one or more features that would require an area variance, application may be made therefor to the Zoning Board of Appeals without a decision or determination of the Code Enforcement Officer.
The Planning Board shall consider the following general criteria
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.
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.
D.
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.
E.
Restrictions and/or conditions on design of structures 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.
F.
Consistency of the location of the proposed use with the goal of
creating a healthy mix of uses that enhances the viability of the
hamlets and Town.
G.
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.
Site plan approval is required in the consideration of those special use permit uses involving new construction, or any land development activities not specifically excluded by Article IX, Site Plan Review. Such site plan review shall be carried out either in conjunction with or after these special use permit procedures.
B.
Special use permits involving the conversion of an existing structure
from one use to another with no exterior physical changes to the site
or structure, or which involve only those activities excluded from
site plan review, shall not require site plan review.
A.
The Planning Board will schedule a public hearing within 62 days
of the date of the meeting at which the application was considered
complete by the Planning Board.
B.
Notice of the public hearing shall be provided as set forth in Article XIII, Administrative Provisions.
C.
At least 10 days prior to the public hearing, the Planning Board
shall mail notice to the applicant and to the County planning agency
in accordance with § 239-m of the General Municipal Law,
accompanied by a full statement of the proposed action.
D.
If the public hearing is to be concurrent with the public hearing
required for site plan review, only one advertisement notice is needed.
E.
After the conclusion of a public hearing for a special use permit,
including site plan approval, the Planning Board shall grant, deny,
or grant subject to conditions the special use permit within 62 days.
A.
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 directly
relate to or be incidental to the proposed permit. 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.
B.
The decision of the Planning Board shall be filed in the office of
the Town Clerk within five business days, and a copy thereof shall
be mailed to the applicant.
A.
A conditional special use permit approval shall expire at the end
of six months if the conditions have not been satisfied. The Planning
Board may, however, consent to an extension of up to six additional
months.
B.
A special use permit shall be deemed to authorize only the particular
special use or uses specified therein.
C.
A special use permit may be issued as:
D.
A special use permit may be revoked by the Planning Board if the
conditions of the special use permit are violated.
E.
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.
F.
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.
