§ 220-35. General provisions.

A. 

Submission requirement. All applications for special use permits shall include:

(1) 

A sketch plan in compliance with Town Code § 220-66, Sketch plan requirements.

(2) 

A statement of operations fully describing the nature and scale of the use, the land and facilities to be impacted, and the hours of operation.

(3) 

Building plans showing all areas to be impacted by the proposed special use, sufficient to identify potential New York State Uniform Fire Prevention and Building Code compliance issues.

Editor's Note: See Executive Law § 370 et seq.

(4) 

All other information as may be required by the Town staff and the Planning Board to determine compliance with applicable requirements.

B. 

Special use permits may be approved by the Town Planning Board only after it has found that the following standards have been met:

(1) 

The proposed special use is consistent with the goals, objectives and policies of the Town's Comprehensive Plan.

(2) 

The proposed use is consistent with the stated intent of the zoning district in which it occurs.

(3) 

The location, size and use of the structures involved with a proposed special use permit, nature and intensity of the special use permit operations, size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the zoning district where the special use permit may be allowed.

(4) 

As determined by the Code Enforcement Officer, the facilities to be impacted by the proposed use will comply with the New York State Uniform Fire Prevention and Building Code.

(5) 

The operation of the proposed special use is no more objectionable to the users of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.

(6) 

Where applicable, satisfactory provision and arrangement has been made concerning:

(a) 

Ingress and egress to property and proposed structures thereon, with particular reference to vehicular and pedestrian safety, and convenience, traffic flow and control, and access in case of fire or catastrophe.

(b) 

Off-street parking and loading areas where required, with particular attention to the items in Subsection B(6)(a) above, and the noise, glare or odor effects of the special permit use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permit use.

(c) 

Refuse and service areas, with particular reference to the items in Subsection B(6)(a) and (b) above.

(d) 

Utilities, as appropriate, with reference to locations, availability and compatibility.

(e) 

Screening and buffering, with reference to type, dimensions and character.

(f) 

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

(g) 

Required yards and other open space.

(h) 

General compatibility with adjacent properties and other property in the zone district.

C. 

Additional requirements applicable to specific specially permitted uses are described elsewhere in this chapter.

D. 

No person shall be issued a special use permit for a property on which there is an existing violation of this chapter.

E. 

When site plan and/or other governmental approvals are required, no site preparation or construction shall commence nor shall existing structures be removed or occupied for any special permit use until such approvals have been granted.

F. 

The Town Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Town's natural resource base and the value of property.

G. 

Expiration and renewal.

(1) 

Unless a time limit has been imposed by the Planning Board as a condition of approval, special use permits for established uses shall remain in effect for current and future owners and/or operators with no requirement for renewal, provided the use is in compliance with conditions of approval and this chapter.

(2) 

Specially permitted uses not begun, by way of start of operations or physical development of the site, within one year of the Planning Board vote to approve the special use permit, shall expire unless renewed by the Planning Board.

(3) 

Specially permitted uses that have ceased operations for more than one year shall not be reestablished without approval of a new special use permit approved by the Planning Board. The Zoning Officer shall be responsible to document and establish the date that a specially permitted use ceased operations.

[Amended 2-13-2012 by L.L. No. 1-2012]

(4) 

The Planning Board shall grant a request for renewal of a special use permit unless they have made findings that field conditions on or around the subject property and/or applicable regulations in existence at the time of the Planning Board vote to approve have changed significantly and to such extent that reconsideration of the special use permit application is warranted.

H. 

The Zoning Officer shall make an on-site visit at least once every three years to each lot for which a special use permit has been granted, or as may be necessary to insure that the special use permit is being operated in accordance with the conditions specified by the Planning Board. If the Zoning Officer determines that a violation of the conditions imposed by the Town Planning Board exists, a letter of violation shall be written to the property owner giving 30 days to correct the violation. The special use permit shall become null and void at the end of said specified period if the violation has not been corrected. In the event a special use permit is determined to be null and void, a new special use permit shall be required to be approved by the Planning Board prior to the reestablishment of said use.

I. 

When required, applications for renewal shall demonstrate that the specially permitted use continues to be in compliance with conditions of the previous special use permit approval and this chapter. The procedure and standards for the renewal of special use permits shall be the same as for an initial application. The renewal fee shall be the amount specified in the Town Board Fee Schedule.