Special permit uses are listed in Article VIII of this chapter. The special permit uses for which conformance to additional standards is required by this chapter are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. Approval for such uses shall be granted to the property owner and shall not be deemed to authorize the indefinite use of the property for such use.
A.
Application for required special use permits shall be made to the Board of Appeals or the Planning Board or the Town Board, as specified in Article VIII of this chapter. The term "Board," as used in this article, shall refer to the board with approval power over the subject use as shown in Article VIII. Ten copies of each application shall be submitted. Each such application shall include a preliminary site development plan complying with all requirements of § 125-88, including a preliminary site plan application and fee. Upon receipt of the application and plans, the Secretary for the Board shall forward five copies of the application and the preliminary site development plan to the Planning Board for review and a report and recommendation. Any such report and recommendation by the Planning Board shall be rendered within 45 days of the date of receipt of the application by the Planning Board Secretary. Failure of the Planning Board to submit its report within this time period shall constitute a recommendation of approval of the plan as submitted. The Planning Board may waive any requirements for the preliminary site plan set forth in § 125-88, to the extent it is determined that such requirements are not applicable or appropriate. Following the Planning Board’s issuance of a report and recommendation or the expiration of the forty-five-day period for issuance of such report and recommendation, the Board may schedule a public hearing on the application. Notwithstanding the foregoing, the Planning Board, to the extent that it is acting as the Board with approval power over the subject use, shall not be required to issue a report and recommendation with respect to any such application. In the event any application for a special permit also requires any zoning variances issued by the Board of Appeals, then the Board of Appeals shall be permitted to hold public hearings and consider the applications for a zoning variance prior to receiving any report or recommendation from the Planning Board or the expiration of the forty-five-day period for issuance of such report and recommendation.
[Amended 4-6-2021 by L.L. No. 5-2021]
B.
Notice of the public hearing shall be published at
least 10 days prior to the hearing in the official newspaper of the
Town and shall be mailed by the applicant at least 10 days prior to
the hearing to all owners of lots within 500 feet of the perimeter
of the subject lot. The expense of publishing and mailing such notification
shall be borne by the applicant, and the applicant must file with
the Secretary of the Board an affidavit of mailing with a list of
the names of the owners of record of the property within the 500 feet,
together with the section and lot number of each, with such written
notice prior to the hearing. The Board shall, within 90 days of the
date of receipt of a complete application, file with the Building
Inspector its written decision on said application. The applicant
may grant an extension of either of the above-stipulated review periods;
provided, however, that any extension of time granted to the Planning
Board shall equally extend the time to act for the Board approving
the special use permit. The Board may authorize the issuance of a
permit, provided that it finds that all conditions and standards required
in this chapter have been met.
[Amended 8-16-1983]
Upon receipt of an application and plans from the Board, the Planning Board shall review said application and plans in accordance with the standards and requirements in § 125-60 below and other applicable requirements of Article VIII of this chapter. The Planning Board shall submit its report setting forth its findings and its recommendations to the Board regarding issuance of the permit and any special conditions or other safeguards deemed necessary and desirable by the Planning Board for the proposed special permit use.
A.
The proposed use will serve a community need or convenience
and will not adversely affect the public health, safety and general
welfare.
B.
The location and size of the use, the nature and intensity
of the operations involved in or conducted in connection with it,
the size of the site in relation to it and the location of the site
with respect to streets giving access to it are such that it will
be in harmony with the appropriate and orderly development of the
area in which it is located.
C.
The location, nature and height of buildings, walls,
fences and the nature and extent of existing or proposed plantings
on the site are such that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings.
D.
Operations in connection with any special permit use
will not be more objectionable to nearby properties by reason of noise,
fumes, vibration, light or other characteristics than might be the
operations of any permitted use not requiring a special use permit.
E.
Parking areas will be of adequate size for the particular
use, properly located and suitably screened from adjoining residential
uses; and the entrance and exit drives shall be laid out so as to
achieve adequate safety.
The Board shall attach such conditions and safeguards
to any permit and site development plan as are, in its opinion, necessary
to ensure initial and continued conformance to all applicable standards
and requirements. In all cases, the Board may retain continuing jurisdiction.
A special use permit shall be deemed to authorize
only one particular special use and shall expire if the special use
shall cease for more than six months for any reason. The Board shall
set a maximum term for the special permit approval.
No application shall be accepted and no permit
shall be issued for a special use permit for a property where the
Building In-spector has found a violation of this chapter and where
such violation has not been corrected.
Granting of a special use permit shall not waive the requirement for final site plan approval, including fees, in accordance with Article IX where required by this chapter.
Application for a special use permit shall be
accompanied by a fee as listed in the fee schedule adopted by the
Town Board.
