The Planning Board and the Zoning Board of Appeals each have
the authority to grant special use permits, but such authority is
limited to those uses this chapter specifies shall be reviewed by
each board. Where not specified in this chapter, the Zoning Board
of Appeals shall have the authority to grant the special use permit.
All applications for special use permits shall be made by the
owner or the owner's agent and filed with the secretary of the appropriate
board in accordance with such board's approved submission schedule.
No application shall be accepted, considered or scheduled for public
hearing until all required materials have been deemed to be complete
and accurate. The application shall include the following:
A.
A diagram or plan showing the dimensions of the lot on which the
proposed use, structure or alteration is proposed, its location on
the lot, all structures on the lot, lot dimensions, setbacks, parking
and ingress and egress.
B.
A locational drawing.
C.
A plan showing the intended use, structure or alteration.
D.
A description of the proposed use and its operation.
E.
A list of all property owners (and addresses) of each parcel of property
within 500 feet and/or affected property owners.
F.
The required application fee as specified by resolution of the Town
Board.
G.
An environmental assessment form (EAF).
H.
Such additional maps, plans and specifications or other information
as may be required by the applicable board.
The Town will place a legal notice in the proper newspaper,
advertising the applicant's name, the property location, the special
use permit requested and the time and place for a public hearing.
Before acting upon any application for a special use permit,
the appropriate board shall hold a public hearing thereon.
In passing upon each application, the appropriate board shall
determine whether the proposed use would endanger or tend to endanger
the public health, safety, morals or the general welfare of the community.
The appropriate board may consult with any other Town board, commission,
department, agency and/or official it deems advisable. It may also
engage the services of engineers, planners or other professionals
to aid in the review process. All costs incurred by the board for
such professional services shall be reimbursed to the Town by the
applicant. In making such determination, it shall consider the following:
A.
Whether the proposed use will be in harmony with the general purpose
and intent of this chapter, taking into account the location and size
of the use, the nature and intensity of the operations involved in
or conducted in connection with it and the size of the site with respect
to streets giving access to it.
B.
Whether the proposed use will tend to depreciate the value of adjacent
property, taking into account the possibility of screening or other
protective measures.
C.
Whether the proposed use will be detrimental to the flow of traffic
in the vicinity or otherwise create a traffic hazard.
D.
Whether the proposed use will create fire or other safety hazards.
E.
Whether the size and use of the proposed facility, alone or in combination
with similar facilities in the area, will be so substantially out
of proportion with the character of nearby residential neighborhoods
as to jeopardize the continued use of the neighborhoods for residential
purposes.
F.
Whether the proposed use or operation will produce or present substantial
danger of excessive noise, noxious odors, noxious or harmful discharge,
fire or explosion, radiation, chemical or toxic release or other conditions
injurious to the health or general welfare of occupants of the surrounding
area.
G.
Whether the location and size of the use, the size of the site in
relation to the use, the operations in connection with the use and
the parking and traffic related to the operations will be such as
to create a significant hazard to the safety and general welfare of
the surrounding area.
H.
Whether the proposed use will be detrimental to neighboring property
or alter the essential character of the neighborhood.
I.
Whether the proposed use complies with the State Environmental Quality
Review Act (SEQRA).
If the board determines that the proposed use would endanger
or tend to endanger the public health, safety, morals or general welfare
of the community, it shall deny the application; otherwise, it may
grant a special use permit, provided that the proposed use, construction
or alteration complies with the provisions of this chapter. The secretary
of the board shall notify the applicant of the decision, and if a
special use permit be granted, the secretary of the board shall issue
and deliver the same to the applicant.
In granting a special use permit, the board may impose reasonable
conditions in order to mitigate any adverse effects of the proposed
use. If the board finds such adverse effects cannot be adequately
mitigated, then the board shall deny the special use permit.
With the exception of schools and places of worship, the applicant
shall have the burden of proving that the proposed use, construction
or alteration will not endanger the public health, safety, morals
or general welfare of the community given all relevant considerations.
Under New York decisional law, there is a rebuttable presumption that
schools and places of worship are in furtherance of the public health,
safety, morals and general welfare of the community, and the burden
of proof is on those who seek to rebut that presumption.
A special use permit is required not only for the original establishment
of a specially permitted use but also for any expansions or additions
thereto.
Once granted, a special use permit may be revoked if, after
notice and public hearing, the board which granted it determines that
the conditions and restrictions imposed upon the permit have been
violated or not fulfilled.
