A. The proposed special permitted use is consistent with the general intent of the Town's Comprehensive Plan and with the specific purposes set forth in this chapter.
B. The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special permitted use are such that it will be compatible with the orderly development of the zone district.
C. The operation of the proposed special permitted use is no more objectionable to the uses 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.
D. The proposed special permitted use satisfies each and all standards and conditions specified for such special permitted use by the relevant provisions of this article.
E. The Zoning Board of Appeals may impose additional conditions or restrictions as it may deem necessary prior to approving any special permitted 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. The CEO shall make an on-site visit to each property authorized as a special permitted use not less than one time each year. The purpose of said site visit is to ensure that the use is being operated in accord with the conditions specified by the Zoning Board of Appeals. If the CEO determines that a violation of this chapter or the conditions imposed by the Zoning Board of Appeals exists, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special permitted use permit application shall be required to be submitted and approved prior to the reestablishment of said use.
F. No site preparation or construction shall commence nor shall existing structures be occupied for any special permitted use until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
G. Any structure proposed to be erected, reconstructed or structurally altered to accommodate a specially permitted use shall comply with the New York State Uniform Fire Prevention and Building Code.
Upon written direction of the Zoning Board of Appeals, the Code Enforcement Officer is hereby empowered to issue a special permitted use permit as provided for by this chapter.
(1) Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in
Article IX: Special Permitted Uses in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
(2) A special permitted use permit shall authorize only one particular special permitted use. The special permitted use permit shall expire if the use shall cease for more than one year for any reason.
(3) No person shall be issued a special permitted use permit for a property where there is an existing violation of this chapter.
(4) Before any special permitted use permit shall be issued, the Zoning Board of Appeals shall make written findings certifying compliance with the specific rules governing individual special permitted uses and that satisfactory provision and arrangement has been made relative to the following additional concerns:
(a) Ingress and egress to the 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(4)(a) above, and the noise, glare or odor effects of the special permitted use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permitted use.
(c) Refuse and service areas, with particular reference to the items in Subsection B(4)(a) and (b) above.
(d) Utilities as appropriate, with reference to locations, availability and compatibility.
(e) Storm drainage, including potential impact on downstream properties.
(f) Screening and buffering, with reference to type, dimensions and character.
(g) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
(h) Required yards and other open space.
(i) General compatibility with adjacent properties and other properties in the zone district.
(5) An original and seven copies of all applications for special permitted use permits shall be submitted to the Building Department on forms provided by the Building Department.
(6) The application shall include a site plan of the special permitted use and subject parcel drawn to scale which includes all of the data specified herein.
(7) The Code Enforcement Officer, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Zoning Board of Appeals for approval in accordance with the procedures specified below.
(8) The Code Enforcement Officer shall transmit a copy of the complete application and supporting documents to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.
(9) Prior to taking action on an application for a special permitted use, the Zoning Board of Appeals shall conduct a public hearing on the proposed request. Said hearing shall be conducted within 62 days following the receipt of a complete application and supporting documents from the Code Enforcement Officer. Public notice of the hearing shall be established by the publication of a notice in the official newspaper of the Town in accord with the provisions of Town Law. Said notice shall briefly describe the nature of the application and the time and place of the hearing. In addition, the applicant shall, at least seven days prior to the date of the hearing, give notice in writing by certified mail to all property owners within 500 feet of the property to be affected by said application or to all property owners of contiguous land or properties adjoining said property.
(10) Within 62 days from the date of such public hearing, the Zoning Board of Appeals shall, by resolution, either approve, approve with conditions or disapprove the application so heard. The sixty-two-day period available to make a determination may be extended by mutual agreement of the applicant and the Zoning Board of Appeals.
(11) If the application was transmitted to the County Planning Board under Article 12-B, § 239-m, of the General Municipal Law, the Zoning Board of Appeals cannot act within the first 30 days following the referral of the application to the County Planning Board unless said Board provides a written reply to the Town within the thirty-day period.
(12) In approving an application, the Zoning Board of Appeals may impose any modifications or conditions it deems necessary to conform with the goals and objectives of the Town's Comprehensive Plan, and its principles of land use and development and to protect the health, safety or general welfare of the public.
(13) If an application is approved by the Zoning Board of Appeals, the Code Enforcement Officer shall be furnished with a copy of the approving resolution of the Zoning Board of Appeals and he shall issue the permit applied for in accordance with the conditions imposed by the Board.
(14) If any application is disapproved by the Zoning Board of Appeals, the reasons for such denial shall be set forth in the Board resolution and a copy of such resolution shall be transmitted to the Code Enforcement Officer. The Code Enforcement Officer shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.
(15) The Code Enforcement Officer shall inspect the premises of a use authorized and approved with a special permitted use permit not less than one time each calendar year. The inspection shall determine that the use is being operated consistent with the terms and conditions established by the Zoning Board of Appeals in approving the permit. If the Code Enforcement Officer shall determine that the conditions are not in compliance with the permit, the Code Enforcement Officer shall nullify the special permitted use permit and set forth the procedures and requirements for reestablishing the use. The use may not be operated until a new application is submitted and approved.
