[Added 6-10-1992 by L.L. No. 6-1992]
[Amended 8-13-1997 by L.L. No. 4-1997; 7-12-2000 by L.L. No.
5-2000; 3-10-2004 by L.L. No. 5-2004; 7-14-2004 by L.L. No.
11-2004]
On direct application supplementing an application to the enforcement officer for a building permit or certificate of occupancy, the Planning Board may grant a permit for any use for which approval of such Board is required under this chapter. In the absence of substantial evidence that the public interest would be better served by a renewable permit, any special permits issued by the Planning Board shall be for an indefinite period, subject to revocation for just cause under § 103-97. In the event that the board does find such evidence, it may issue a renewable special permit for time periods not to exceed a total of four years. Except as provided in Subsection E below, at the conclusion of the initial renewal period, any special permit renewed by the Planning Board shall be valid for an indefinite period of time, subject to revocation for just cause under § 103-97. Any renewal application shall be subject to the same procedure and requirements as specified herein for the issuance of the initial special permit.
A.
The use shall be in such location and of such size and character
that it will be in harmony with the appropriate and orderly development
of the district in which it is situated and will not be detrimental
to the orderly development of adjacent districts or properties.
B.
The location and size of the use, the nature and intensity of the
operation involved in or conducted in connection therewith, its size
and layout and its relation to streets giving access to it shall be
such that traffic to and from the use and the assembly of persons
in connection with it will not be hazardous or inconvenient to the
neighborhood or conflict with the normal traffic of the neighborhood.
In applying this standard, the Board shall consider, among other things,
convenient routes of pedestrian traffic, particularly by children;
relation to main traffic thoroughfares and to street and road intersections;
and the general character and intensity of development of the neighborhood.
C.
The location and height of buildings, the location, nature and height
of walls and fences and the nature and extent of landscaping on the
site shall be such that the use will not hinder or discourage the
proper development and use of adjacent land and buildings or impair
the value thereof.
D.
In the case of an application for a special use permit to operate
a kennel, the following conditions shall apply. The kennel must be
fully enclosed with permanent walls, roof and appropriate sound-deadening
measures such that the animal sounds from within cannot be heard by
the Code Enforcement Officer or other enforcement personnel from any
point immediately adjacent to the boundaries of the parcel upon which
the kennel is situated.
E.
In the case of an application for a special permit to operate a boardinghouse, rooming house or bed-and-breakfast as defined in § 103-3B of the Town Code, initial approval may be granted by the Planning Board upon imposition of the following conditions:
[Amended 12-14-2010 by L.L. No. 4-2010]
(1)
No bedrooms for transient use shall be located above the second story.
(2)
A firesafety notice shall be affixed to the occupied side of the
entrance door of each bedroom for transient use indicating:
(3)
The premises shall be in conformity with all applicable provisions
of NYCRR Title 9.
(4)
Any permit issued pursuant to this subsection may be renewed for
successive periods of up to one year upon application to the Code
Enforcement Officer, provided there have been no complaints or unresolved
fire/safety violations for the conditions set forth herein. If there
are any complaints or unresolved fire/safety violations on record
with the Code Enforcement office for the year preceding the renewal
application date, the applicant shall be subject to a hearing to be
held before the Planning Board at a time and place therein specified
and on at least five days’ notice to the owner of the building
or structure or persons having an interest therein to determine whether
said permit renewal shall be affirmed, modified or vacated.
(5)
Any application for a special use permit or renewal thereof shall
be accompanied by a fee imposed for the inspection required hereunder
at a rate to be fixed by the Town Board from time to time.
F.
In the event of an application for a special permit for an open space
recreational use, approval may be granted only upon a finding that
the proposed use is in harmony with any existing residential uses
in the district or in an adjoining district.
[Added 11-9-2005 by L.L. No. 9-2005]
G.
In the
event of an application for a special use permit for the modification
of a nonconforming use, approval may be granted only upon a finding
that the proposed modification is in harmony with any existing residential
uses in the district or in an adjoining district.
[Added 9-11-2019 by L.L. No. 1-2019]
[Added 1-11-1995 by L.L. No. 1-1995]
A.
Investigation.
(1)
In the event that a complaint is received by the Town Code Enforcement
Officer that the conditions imposed by the Planning Board in relation
to the issuance of a special use permit have not been complied with,
or are no longer being complied with, the Code Enforcement Officer
shall investigate the allegations of the complaint and issue a report
of his findings to the Town Planning Board.
(2)
At a meeting duly convened by the Town Planning Board, the Planning
Board shall determine whether or not sufficient basis exists to pursue
revocation of the special use permit in question because of a failure
of the special use permit holder to comply with conditions imposed
at the time of the issuance of the special use permit.
(3)
In the event that the Town Planning Board determines that revocation
proceedings are justified, the Town Planning Board shall forward a
notification, by certified mail, to the permit holder of an intention
to revoke the special use permit. The notice shall state the basis
for the revocation proceeding as determined by the Code Enforcement
Officer. The notification shall provide for a public hearing for the
special use permit holder, to be held no less than 10 days nor more
than 20 days from the date of certified mailing of the notice to the
special use permit holder.
(4)
Thereafter the Town Planning Board shall cause a notice to be advertised
in the newspaper of general circulation for the Town of the date,
time and place of the public hearing. The notice shall be published
at least five days prior to the public hearing.
(5)
On the date, time and place as scheduled in the public notice of
the public hearing, the special use permit holder shall be entitled
to present to the Town Planning Board any and all reasonable evidence
with regard to the issue of compliance with the conditions imposed
by the Town Planning Board. The Planning Board shall also be entitled
to hear any and all other evidence as may be submitted by the public
at large with regard to the issue.
(6)
After the public hearing, the Planning Board shall determine whether
to continue or revoke the special use permit and shall notify the
special use permit holder, in writing, of the basis for its decision
within 10 days, by certified mail.
(7)
In the event of revocation of the special use permit, the special
use permit holder shall, within five days of revocation, cease and
desist from the use for which the special use permit was granted.
