The requirement for the issuance of a special use permit shall be for the purpose of determining that each proposed use is, and will continue to be, compatible with surrounding existing and planned uses. Unless otherwise provided, the special permitted uses outlined in the zoning districts of this chapter shall be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards outlined in this chapter. Any use requiring the issuance of special use permit which is not listed within a zoning district is not permitted (see § 115-5C). All special permitted uses possess unique characteristics and will be considered on an individual basis.
A.
The authority to issue special use permits is vested with the Town Board of the Town of Sardinia unless a special permitted use is listed to be approved by the Zoning Board of Appeals, pursuant to § 115-99.
B.
No special use permit shall be issued unless the Town Board determines
that the use complies with the following general requirements and
any supplemental regulations listed for that particular use:
(1)
The use is designed, located and proposed to be operated so the public
health, safety, welfare and convenience will be protected.
(2)
The use will not cause substantial injury to the value of other property
in the neighborhood where it is located.
(3)
The use will be compatible with adjoining development and the character
of the neighborhood where it is located.
(4)
Adequate buffering, including landscaping and screening, is provided
to preserve the character of the neighborhood and adjacent land uses.
(5)
Adequate off-street parking and loading are provided, and the special
use will not substantially interfere with traffic on abutting streets.
[Amended 6-9-2011 by L.L.
No. 2-2011]
A.
All applicants seeking a special use permit approval shall submit a request on the forms provided by the Town along with a filing fee and within the filing deadlines as established by the Town. All requests shall be submitted simultaneously with a site plan approval request application and consistent with the application procedure as specified for site plan submissions in § 115-79A.
B.
Within 62 days after receipt of the application by the Planning Board,
the Planning Board shall review the special use permit application,
site plan, and supporting data, and shall recommend approval, approval
with modifications or conditions, or disapproval of the special use
permit request. The Planning Board's action shall be in the form of
a written recommendation of approval or disapproval of the special
use permit application to the Town Board.
C.
The failure of the Planning Board to act within 62 days of receipt
of a special use permit application shall be deemed a recommendation
for the approval of the special use permit as submitted.
D.
Within 62 days following the receipt by the Town Board of the report
of the Planning Board, or its failure to act as provided above, the
Town Board shall conduct a public hearing. Within 62 days thereafter,
the Town Board shall either approve or deny the special use permit.
All time frames mandated pursuant to the State Environmental Quality
Review Act shall be observed in addition to the time frames allowed
by this section.
E.
In granting approval, the Town Board may impose conditions as necessary
to ensure the harmonious integration and compatibility of special
permitted uses within neighborhoods and with surrounding areas.
Special use permits shall expire under the following conditions:
A.
The applicant or owner abandons the activity or land use for which
the special use permit was granted. Such an abandonment shall be when
the activity or land use has not been actively used for its intended
purpose for a period of one year.
B.
The special use permit shall expire on the next day following the
end of any period granted to correct deficiencies and/or violations
of any condition attached to the granting of a special use permit.
C.
A special use permit shall be deemed to authorize only one special
use and shall expire if the applicant or owner fails to obtain a building
permit within six months of the Town Board's approval of a special
use permit.
D.
Where no structure is involved, and a special use or activity has
not commenced within six months of the Town Board's approval.
E.
Construction and/or use of the structure for which such special use
permit was granted shall not have commenced within 12 months after
the date of issue of such special use permit.
Failure to adhere to special permit conditions as established by the Town Board shall be considered a violation subject to the penalties as prescribed by § 115-94 of this chapter.
A.
Failure to adhere to special permit conditions may also be cause
for revocation of a special use permit by the Town Board. The Town
Board may, after holding a public hearing at which the permit holder
is given an opportunity to be heard, order the revocation of the permit
either immediately, or after a remedial action period if the permit
holder fails to correct the violation. Upon revocation of the permit,
the special use or activity shall immediately cease.
Applications for special use permits, once denied or revoked, may not be reheard for a period one year. All requests for rehearings shall be treated as new applications subject to the applications procedures as established in § 115-87.
