A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions. Said use requires particular consideration as to its proper location to adjacent, established or intended uses, or to the planned growth of the community. Lastly, a special use permit prescribed by this chapter shall be obtained before a special use can be built, enlarged, occupied and/or relocated.
§ 350-173 General.
The Planning Board is hereby appointed by the Town Board as the designated approval authority as it pertains to denying or granting a special use permit as set forth in this article.
§ 350-174 Procedure.
The designated approval authority shall conform to the procedures prescribed in § 274-b of the Town Law of NYS, as currently in effect and as hereafter amended from time to time, as it pertains to its actions on an application for an appeal.
A. Integration of procedures. Whenever a particular application requires multiple review(s) and approval(s), the designated approval authority shall integrate, to the extent practicable and consistent with any applicable law, his, her or their review and approval process.
§ 350-175 Application.
An applicant applying for a special use permit shall submit a complete application to the Code Enforcement Officer, along with any applicable fee and payment of incurred costs. Such application shall be in writing, on a form furnished by the Town for that purpose. At a minimum, such application shall contain all of the following:
A. The applicant's contact information and signed consent to the filing of this application.
B. A site plan that is prepared and sealed by a land surveyor or registered design professional.
C. Building plans and elevations, which shall be prepared and sealed by a registered design professional, illustrating proposed building construction and an indication of exterior materials and its colors.
D. A short or full EAF, if an environmental review is mandated by SEQRA.
E. Any other information deemed necessary by the designated approval authority to explain the nature of the special use, its potential environmental impacts under SEQRA, and its consistency with the standards established by this chapter.
§ 350-176 Determination criteria.
The designated approval authority shall review all facts and information that is the subject of an applicant for a special use permit to determine whether or not to approve such application. In doing so, the designated approval authority shall consider all of the following criteria:
A. The proposed use will be consistent with the land use goals and objectives prescribed in the Comprehensive Plan.
B. The proposed use is in compliance with the applicable standards prescribed in this chapter.
C. The proposed use will not overburden municipal services (e.g., fire protection, law enforcement, sanitary sewer, stormwater conveyance and water distribution and/or treatment systems, etc.).
D. The proposed use is in harmony with the orderly development of the applicable zoning district and will not have a significant adverse impact on the public health, safety or general welfare.
E. The proposed use shall not have an unmitigated significant adverse environmental impact as defined by SEQRA. Such determination shall be made by the designated lead agency as prescribed by SEQRA.
§ 350-177 Validity.
A. Where the use that was authorized by a special use permit has not commenced within one year of the date of such permit's issuance, such permit shall become null and void and all rights thereunder shall terminate. Exemption(s):
(1) The Code Enforcement Officer is authorized to grant, in writing, one or more extensions of time, for periods not more than one year each. The extension shall be requested, in writing, by the owner and justifiable cause demonstrated.
B. Any use authorized by a special use permit shall not to be considered a nonconforming, permitted or prohibited use.
C. Any use authorized by a special use permit and such use ceases to continuously operate for a one-year period shall be considered abandoned, and such permit shall become null and void. Exemption(s):
(1) The Code Enforcement Officer is authorized to grant, in writing, one or more extensions of time, for periods not more than one year each. The extension shall be requested, in writing, by the owner and justifiable cause demonstrated.
§ 350-178 Conditions imposed upon a special use permit.
The designated approval authority may include in a special use permit such terms and conditions as he, she or they deem necessary or appropriate to ensure safety or to further the purposes and intent of this chapter.
§ 350-179 Expiration.
A special use permit shall not expire unless the use of land proposed in the application is not operated or completed within one calendar year from the date of issuance. The Code Enforcement Officer is authorized to grant, in writing, one or more extensions of time, for periods not more than one calendar year each. The extension shall be requested by the owner and justifiable cause demonstrated.
§ 350-180 Amendments.
An amendment to an approved special use permit shall be submitted to the Code Enforcement Officer accompanied by supporting information. The designated approval authority shall review the amendment and shall be permitted to grant, deny or amend such amendment and impose conditions deemed necessary. However, the following actions may be permitted by the Code Enforcement Officer without the need for a review by such authority:
A. De minimis revisions.
B. Revisions requested by an AHJ to ensure compliance with its applicable regulations and/or provision of law.
C. Revisions that comply with any applicable standard prescribed in this chapter.
§ 350-181Transferable.
A special use permit is transferable due to the fact that such permit "runs with the land" since it applies to a use at a lot of record, which such use is not contingent on ownership.
§ 350-182 Revocation.
The designated approval authority is authorized to revoke a special use permit issued under the provisions of this article when it is found, by inspection or otherwise, that there has been a false statement or misrepresentation as to the material facts in the application or documents on which such certificate was based, including, but not limited to, any one of the following:
A. The Special use permit is used for a lot of record or use other than that for which it was issued.
B. Conditions and/or limitations set forth in the special use permit have been violated or not satisfied.
C. There have been any false statements or misrepresentations as to the material fact in the application for a special use permit or any attached documents.
D. The owner failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this chapter within the time provided therein.
E. The special use permit was issued in error or in violation of this chapter.
