A.
On application and after public notice and hearing, the Town Board may issue special permits for any of the uses specified in the use regulations in Article III, § 200-17D, hereof as requiring special permits to be issued by the Town Board. In issuing such special permits, the Town Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the immediate and adjoining neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its actions shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives:
(1)
That the building and premises in which the proposed use is to be located shall be readily accessible to fire and police protection.
(2)
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development and uses of adjacent properties in accordance with the zoning classification of such properties, or the use in effect at the time such special permit is to be issued.
(3)
That the location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith during the period of time and the time of the day when the proposed use is expected to be operating will not be hazardous or inconvenient to or incongruous with any residential district adjacent thereto and with the normal traffic of such adjacent residential district.
(4)
That the location of the building on the site, its physical characteristics and its arrangement of windows and doors facing or in proximity to residential areas and its means of ingress and egress for persons to the use will not be inconvenient to or incongruous with any adjacent residential district or any residences therein during the period of time and time of day when the proposed use is expected to be operating.
(5)
That the location of parking areas on the site and location and design of roadways used for ingress and egress of vehicular traffic thereto and therefrom will not be inconvenient to or incongruous with any adjacent residential district or residences therein.
(6)
That the proposed use will not have a detrimental effect on the market value of the surrounding property.
B.
In issuing a special permit, the Town Board may require the erection of walls or fences or the addition of landscaping which it deems necessary to protect the peace and comfort of residents in adjacent residential districts or to prevent any inconvenience to such residential districts.
C.
Each application for a special permit shall be accompanied by a proposed plan showing the size and location of all improvements on the site, the location of all proposed additional improvements, all methods of ingress and egress to the site and to the building and improvements thereon and all other buildings within a distance of 200 feet from any lot line of the property and by an interior diagram of the building showing all partitions, windows and doors.
D.
The Town Board may require that appropriate tests be performed to determine if the building in which the proposed use is to be conducted are adequately soundproofed.
E.
Any use for which a special permit may be granted shall be deemed to be a conforming use in the district in which such use is located, except as hereinafter provided.
F.
The Town Board may issue such permits for uses permitted under § 200-17D for a term of years or may require that the special permit be periodically renewed. Such renewal shall be granted following due public notice and hearing, and the Town Board shall have the right to impose new or additional conditions as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the objectives set forth in this Article.
G.
No proposed improvements or change of use may be implemented and no building permit or certificate of occupancy may be issued until:
[Added 4-11-1995 by L.L. No. 2-1995]
(1)
Special permit approval by the Town Board for said improvements or change of use is granted by resolution.
(2)
The special permit plans, revised if so required by said resolution, have been signed by a duly authorized representative of the Town Board.
(3)
Site plan approval from the Planning Board has been secured.
H.
Expiration of special permit approval.
[Added 4-11-1995 by L.L. No. 2-1995]
(1)
Approval of a special permit shall expire if:
(a)
The applicant has not secured site plan approval within one year from the date of the adoption of special permit approval;
(b)
Site plan approval expires;
(c)
All required improvements are not maintained and if all conditions and standards of the special permit are not complied with throughout the duration of the approved use; or
(d)
The approved use ceases to exist for any reason for more than one year.
(2)
The Town Board may extend the approval of a special permit if, in its opinion, such extension is warranted by the particular circumstances involved.