[1]
Editor's Note: This local law provided that where its requirements
impose a different restriction or requirement than imposed by other
sections of the Town Code, the Town Law of New York State, or other
applicable rules or regulations, the requirements of this local law
would prevail.
Special permit uses are listed in the Schedule of Use Regulations.[1] The special permit uses for which conformance to additional
standards is required by this chapter are considered to be permitted
uses in their respective districts, subject to compliance with the
additional standards as set forth herein and, where the Town Board
is the approval authority, any other requirements as deemed appropriate
by said Board. All such uses are declared to possess such unique,
special and/or individual characteristics that each specific use must
be considered on its own merits as an individual case.
[1]
Editor's Note: The Schedule of Use Regulations is included
at the end of § 246-5.
[Amended 10-16-2012 by L.L. No. 3-2012; 6-14-2022 by L.L. No. 6-2022]
The Town Board shall be the approving agency for all special
permit uses, except where the Zoning Board of Appeals is the approving
agency as noted in the Schedule of Use Regulations.[1]
[1]
Editor's Note: The Schedule of Use Regulations is included
at the end of § 246-5.
9.3.1
Application. Formal application for a special use permit shall be
made to the Office of the Town Attorney — Legislative Affairs,
if Town Board approval is required, and to the Zoning Board of Appeals,
if their approval is required, who shall be responsible for forwarding
such application to the appropriate Town department(s). Each department
shall review the application and forward it with a recommendation
to the approving agency. The formal application shall be submitted
in the number of copies as specified on the application form and shall
include at least the following items:
9.3.1.1
A completed special use permit application form for Zoning Board
of Appeals applications, which form is available at the Zoning Board
of Appeals office. For Town Board applications, the applicant must obtain a copy of "Requirements on Applications
for Special Use Permits" available at the Office of the Town Attorney
— Legislative Affairs.
9.3.1.2
A written statement describing the nature of the proposed use, how
it conforms to the applicable special use permit standards as set
forth in § 246-9.4 of this chapter, and how it will serve
to implement the purposes of this chapter, as set forth in § 246-1.
9.3.1.4
All other supporting documents as determined necessary or appropriate
by the approving agency.
9.3.2
Concurrent site plan review. Site plan approval under this chapter
shall be required for any site where a special use permit is applied
for. With the exception of special use permits issued by the Zoning
Board of Appeals, the special use permit and site plan approval procedures
shall run concurrently and their approval shall be the responsibility
of the Town Board. If site plan approval by the Planning Advisory
Board or the Department of Planning and Development, as set forth
in § 246-6.2 of this chapter, is required, it shall be completed
prior to the issuance of any special permit by the Zoning Board of
Appeals. If Town Board approval is required, the Department of Planning
and Development and/or the Planning Advisory Board, as appropriate,
shall prepare a single report to the Town Board containing their recommendations
concerning the special use permit and site plan applications. The
Town Board shall consider such recommendations and shall follow the
application review procedure identified in § 246-6 of this
chapter.
9.3.3
Public hearing. Where Town Board approval is required, a public hearing
shall be held concurrently for both the special use permit and the
site plan. Where Zoning Board of Appeals approval is required, a public
hearing shall not be held until the site plan review procedure, if
applicable, has been completed and the Department of Planning and
Development and/or the Planning Advisory Board, as appropriate, has
prepared a report to the Zoning Board of Appeals indicating their
approval or conditional approval of the site plan and containing any
recommendations which they may have concerning the requested special
use permit. If, as a result of the Zoning Board of Appeals' review
and decision, revisions to the approved site plan are required, said
plan shall be sent back to the Planning Advisory Board or the Department
of Planning and Development, as appropriate, for their further review
and reapproval of the site plan. Notice of such hearing shall be the
same as required by law for a zoning amendment. In addition, the posting
of a notification sign(s) on the property shall be
required in accordance with the standards as set forth in § 246.6.6.2
of this chapter, except that the required posting period shall be
14 days prior to the public hearing.
9.3.4
Decision. Subsequent to the close of the public hearing, the approving
agency shall act either to approve, disapprove or approve the special
use permit application with required conditions, modifications and
safeguards, including appropriate limits on hours of operation. Such
decision shall be based upon the standards as set forth in § 246-9.4
of this chapter except that, in the case of Town Board approval, the
Town Board, acting as the Town's legislative body, may establish such
additional standards for each individual application as it may determine
appropriate, necessary or desirable to achieve the intent of this
chapter, taking into consideration the circumstances of the specific
case. If an interpretation of the meaning of any specific standard
is required, the approving agency shall make such determination, guided
by the purposes of this chapter as set forth in § 246-1.
9.3.4.1
The approving agency, as a condition of granting its approval of
any special use permit application, may require the posting of a performance
bond, in an amount as determined necessary by said agency, to restore
the property to a safe, sanitary, stable and attractive condition
in the event that construction is halted or delayed for any reason.
9.3.5
Expiration. A special use permit shall be deemed to authorize only
the particular use or uses specified in the resolution of special
use permit and site plan approval and will expire if the approved
use and/or site development is not commenced within one year of the
date of approval and is not diligently prosecuted to completion. The
approving agency may, upon request of the applicant, grant additional time periods for the initiation of such action
of up to six months each, subject to appropriate conditions, but in
no event shall any extension extend the period beyond four years from
the date the special use permit was originally granted. The approving
agency may also establish a time limit for the completion of all required
work necessary prior to the establishment of the special permit use.
The special use permit shall expire if said use or uses shall cease
for more than one year for any reason or if all required improvements
are not maintained and all conditions and standards complied with
throughout the duration of the use. For a use intended to be temporary,
the approving agency may issue a special use permit for a specific
period of time.
[Amended 6-26-2018 by L.L. No. 6-2018]
9.3.6
Amendments. Any change in the type or intensity of an approved use,
or reduction in lot size, shall require an amendment
to the special use permit in accordance with all of the application
and review requirements of this chapter.
All special permit uses shall comply with the following standards,
in addition to any other applicable requirements of this chapter and
to all other applicable federal, state, county and local laws, ordinances,
rules and regulations. The approving agency, if it acts to approve
a special use permit application, shall attach such additional conditions,
restrictions, safeguards and required modifications to the special
use permit as are, in its sole discretion, necessary to ensure both
initial and continued conformance to all applicable standards, requirements
and purposes of this chapter. A special use permit shall also conform
to the regulations of the zoning district in which the use is located.
9.4.1
The proposed location and size of the special permit use, the nature
and intensity of the operations involved in it or conducted in connection
with it, the height, bulk, density, architecture and orientation of
proposed structures, the size of the site in relation
to it, the character of the district in which it is located, the location
of the site with respect to places of worship, schools, recreation
areas or other places of public assembly and the location of the site
with respect to streets giving access to it shall
be such that it will be in harmony, both visually and otherwise, with
the appropriate and orderly development of other properties in the
area in which it is located, consistent with any plan or plans which
may have been duly adopted by the Town Board for the hamlet or other
geographic area in which the use will be located, and consistent with
the purposes and intent of this chapter.
9.4.2
The physical characteristics of the site, including its soils, vegetation,
topography, wetlands and other environmental features
and physical characteristics, shall be such that the land will be
suitable and conducive to the orderly, safe and appropriate development
of the proposed special permit use, including its proposed design
and location on the site, its proper buffering from surrounding properties
and land uses, and the protection provided for environmental features,
including wetlands, steep slopes, and important vegetation, especially mature woodlands and specimen
trees.
9.4.3
The proposed special permit use, including its design and location
on the site, will not create a hazard to life, limb or property because
of fire, flood, erosion or panic, or by its inaccessibility for the
safe and convenient entry and operation of fire and other emergency
apparatus, or by the overcrowding of land or undue concentration or
assemblage of persons within such or upon such property.
9.4.4
The proposed special permit use, including its design and location
on the site, will be compatible with the protection of groundwater
resources, especially if such site is located within the Oyster Bay
Special Groundwater Protection Area as designated by the State of
New York and Nassau County.
9.4.5
The location, nature and height of buildings, walls
and fences and the nature and extent of existing
or proposed plantings, including buffer screening, on the site shall
be such that the special permit use will not hinder or discourage
the appropriate development and use of adjacent land and buildings nor will it impair the value thereof.
9.4.6
Operations in connection with any special permit use shall not be
more objectionable to nearby properties by reason of noise, traffic,
fumes, vibration or other characteristics than would be the operations
and impacts of permitted uses not requiring a special use permit in
that zoning district.
9.4.7
Facilities for the treatment, removal or discharge of sewage, refuse
or other effluent, whether liquid, solid, gaseous or otherwise, that
will be generated by the proposed special permit use will be adequate
for such purpose.
9.4.8
All performance standards, as set forth in § 246-10 of
this chapter, shall be met by the proposed special permit use.
9.4.9
Traffic flow to and from the site and the operation of street intersections at peak weekday, weekend and appropriate seasonal
traffic hours in the vicinity of the site, taking into consideration
any proposed or required street improvements, shall
be such that the special permit use shall not create nor increase
any vehicular or pedestrian safety hazard or decrease the level of
service at any such street intersection.
9.4.10
Roadway improvements which are necessary and/or proposed to mitigate
project related traffic impacts shall be such that they do not negatively
impact the character of the community in which they are located.
9.4.11
Traffic access shall be designed so that local roadways through residential
neighborhoods are not impacted by the diversion of traffic from more
congested main roadways as a result of the proposed access design
and the additional traffic volume generated by the proposed special
permit use, including trips generated during off-peak nighttime and/or
weekend hours.
9.4.12
Proposed off-street parking and loading facilities shall be of adequate
size for the particular special permit use, properly and safely located
and designed, and suitably/screened from adjoining residential and
other uses, and the entrance and exit drive(s) shall be designed to
achieve maximum convenience and safety.
9.4.13
The operation of the proposed special permit use shall not overburden
or otherwise interfere with the orderly enjoyment of neighboring parks,
recreational facilities or other public facilities.
9.4.14
The safety, health, welfare, comfort, convenience and order of the
Town will not be adversely affected by the proposed special permit
use and its proposed location on the site.
9.4.15
As an additional factor in arriving at its determination, the approving
authority may also consider, if and as applicable, whether the proposed
special permit use will provide economic benefits to the Town and
its residents and, at the same time, will avoid adverse economic impacts
to other existing uses.
In addition to all other remedies for violations of this chapter,
as specifically set forth in § 246-14 hereof, any violation
of the conditions as set forth in this section, and/or those imposed
by the Town Board or Zoning Board of Appeals in connection with the
grant of a special use permit, shall be cause for revocation of the
special use permit by the approving agency and the revocation of the
certificate of occupancy by the Department of Planning and Development
if such violation is not cured within 30 days of the notice of violation
being issued If the special use permit is revoked, the use, and its accessory uses, shall not be reestablished until all violation(s)
are corrected. Reestablishment of the use will require an application
to, and approval by, the Town Board or Zoning Board of Appeals, as
appropriate, and, at the discretion of the appropriate Board, a public
hearing with notice as required for the initial special use permit
hearing. Prior to permitting the reestablishment of the use, the property
owner or applicant, as appropriate, shall reimburse
the Town for the cost of any consultant services which may have been
required in connection with the determination of violations and the
review of the application.
