The purpose of this section is to regulate those uses that have
some particular impact or unique characteristics which require a case-by-case
review of their location design, configuration and impacts on the
surrounding area. By requiring the individual review of special use
permit applications, the reviewing body helps to determine the level
of compatibility and desirability of a use in its proposed location.
A.
Permit required. A special use permit shall be required in accordance with the district use tables in Parts 2 and 3 of this chapter, and as noted in Part 4.
B.
Additional use regulations. In addition to the general district and development requirements, specially permitted uses shall also conform to the requirements of Article 40, where applicable.
C.
Preexisting special uses.
1)
Any preexisting special use which was established prior to the enactment
of this section, and which is permissible as a special use in the
district where it is located, shall be considered a conforming use
unless discontinued for one year or more. Special uses discontinued
for one year or more require a special use permit approval, in accord
with the provisions of this section.
2)
Preexisting special uses shall not be enlarged, relocated, extended
or increased in intensity without a special use permit approval in
accord with the provisions of this chapter. Any special use permits
approved in accord with this subsection shall apply only to the additional
activity of the preexisting special use.
A.
Application processing. All applications shall be processed, reviewed, and decided upon in accordance with Article 60 of this chapter.
B.
Authorized review body. The Planning Board shall review and decide
upon all special use permit applications.
D.
Coordinated reviews. Where site plan review is also required, the requirements of Article 62 shall also apply. Where applicable, duplicate application materials may be combined to satisfy submittal requirements. In the event that the special use permit is denied, the site plan decision shall be null and void.
The property or building owner, their agent, or lessee, purchaser
or tenant with permission of the owner, may file special use permit
applications. The special use permit application shall include:
A.
An application form, including the name, address, and signature of
the applicant, property owner, and developer.
B.
A site plan denoting the location of the subject property and all
structures thereon, as well as all property, uses, and structures
within 300 feet of the proposed use.
C.
A description of the proposed use and nature of its operation, including:
1)
A business plan, vision, or model, and/or summary of products, goods,
and services to be sold or provided;
2)
The proposed hours of operation;
3)
The number of employees at maximum shift;
4)
The maximum seat capacity;
5)
The timing and manner of any and all anticipated deliveries;
6)
A recycling and waste management plan; and
7)
The nature and type of all mechanical equipment provided and/or required.
D.
An interior floor plan, including, but not limited to, the arrangement
of seats, kitchen and/or bar size and location, storage areas, and
location of machines or other mechanical equipment.
E.
A profile of utilities and demand of services such as fire, police,
water, sewer, roads, highway, and associated departments.
F.
A narrative describing how the proposed use will satisfy the special
use permit review criteria.
G.
All SEQR documentation as required by NYS Law.
In rendering a decision, the Planning Board shall consider and
make findings that the proposed use:
A.
Will be generally consistent with the goals of the Comprehensive
Plan;
B.
Meets any specific criteria set forth in this chapter;
C.
Will be compatible with existing uses adjacent to and near the property;
D.
Will be in harmony with the general purpose of this chapter;
E.
Will not tend to depreciate the value of the property or any adjacent
property;
F.
Will not create a hazard to health, safety or the general welfare
of the public;
G.
Will not alter the essential character of the district nor be detrimental
to the neighborhood residents; and
H.
Will not otherwise be detrimental to the public convenience and welfare.
The Planning Board may impose such reasonable conditions and
restrictions as are directly related to and incidental to the proposed
special use permit and as may be necessary to prevent or minimize
adverse effects upon other property in the neighborhood, including
limitations on the time period for which the permit is granted.
A.
Review required. Special use permits that have been issued for specific
time periods are subject to review for compliance with all of the
conditions imposed at the time of approval of the initial permit.
B.
Denial. Following a public hearing on the matter, the Planning Board
may deny a renewal of a special use permit when any of the following
apply:
1)
The petitioner has failed to comply with one or more of the conditions
of the prior approval;
2)
Substantial new issues regarding the permit conditions during the
operation of the use have arisen;
3)
The general requirements of this chapter have not been met; or
4)
There are changes in the area or neighborhood that would be incompatible
with the special use.
A.
Authorization.
1)
A special use permit shall authorize only one particular special
use as defined by the Planning Board upon approval, including any
such conditions that may be imposed at the time of approval.
2)
Special use permit approvals granted pursuant to this section shall
run with the use and when the title is transferred unless such use
is discontinued for a period of one year.
B.
Amendments. Amendments or revisions to an approved special use permit
shall require review and approval of a new special use permit in accordance
with this article.
C.
Expiration of special use permit. A special use permit shall expire
if the special use permit activity is not commenced within one year
of the date of approval. Extensions are subject to approval by the
Planning Board only.
