[Added 3-22-1983 by Ord. No. 111]
A.
On application and after public notice and hearing, the Town Board may issue special permits for any of the uses specified in the use regulations in Article III, § 200-17D, hereof as requiring special permits to be issued by the Town Board. In issuing such special permits, the Town Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the immediate and adjoining neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its actions shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives:
(1)
That the building and premises in which the proposed
use is to be located shall be readily accessible to fire and police
protection.
(2)
That the proposed use shall be of such location, size
and character that, in general, it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and will not be detrimental to the orderly development
and uses of adjacent properties in accordance with the zoning classification
of such properties, or the use in effect at the time such special
permit is to be issued.
(3)
That the location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and relation to access streets shall be
such that both pedestrian and vehicular traffic to and from the use
and the assembly of persons in connection therewith during the period
of time and the time of the day when the proposed use is expected
to be operating will not be hazardous or inconvenient to or incongruous
with any residential district adjacent thereto and with the normal
traffic of such adjacent residential district.
(4)
That the location of the building on the site, its
physical characteristics and its arrangement of windows and doors
facing or in proximity to residential areas and its means of ingress
and egress for persons to the use will not be inconvenient to or incongruous
with any adjacent residential district or any residences therein during
the period of time and time of day when the proposed use is expected
to be operating.
(5)
That the location of parking areas on the site and
location and design of roadways used for ingress and egress of vehicular
traffic thereto and therefrom will not be inconvenient to or incongruous
with any adjacent residential district or residences therein.
(6)
That the proposed use will not have a detrimental
effect on the market value of the surrounding property.
B.
In issuing a special permit, the Town Board may require
the erection of walls or fences or the addition of landscaping which
it deems necessary to protect the peace and comfort of residents in
adjacent residential districts or to prevent any inconvenience to
such residential districts.
C.
Each application for a special permit shall be accompanied
by a proposed plan showing the size and location of all improvements
on the site, the location of all proposed additional improvements,
all methods of ingress and egress to the site and to the building
and improvements thereon and all other buildings within a distance
of 200 feet from any lot line of the property and by an interior diagram
of the building showing all partitions, windows and doors.
D.
The Town Board may require that appropriate tests
be performed to determine if the building in which the proposed use
is to be conducted are adequately soundproofed.
E.
Any use for which a special permit may be granted
shall be deemed to be a conforming use in the district in which such
use is located, except as hereinafter provided.
F.
The Town Board may issue such permits for uses permitted under § 200-17D for a term of years or may require that the special permit be periodically renewed. Such renewal shall be granted following due public notice and hearing, and the Town Board shall have the right to impose new or additional conditions as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the objectives set forth in this Article.
G.
No proposed improvements or change of use may be implemented
and no building permit or certificate of occupancy may be issued until:
[Added 4-11-1995 by L.L. No. 2-1995]
(1)
Special permit approval by the Town Board for said
improvements or change of use is granted by resolution.
(2)
The special permit plans, revised if so required by
said resolution, have been signed by a duly authorized representative
of the Town Board.
(3)
Site plan approval from the Planning Board has been
secured.
H.
Expiration of special permit approval.
[Added 4-11-1995 by L.L. No. 2-1995]
(1)
Approval of a special permit shall expire if:
(a)
The applicant has not secured site plan approval
within one year from the date of the adoption of special permit approval;
(b)
Site plan approval expires;
(c)
All required improvements are not maintained
and if all conditions and standards of the special permit are not
complied with throughout the duration of the approved use; or
(d)
The approved use ceases to exist for any reason
for more than one year.
(2)
The Town Board may extend the approval of a special
permit if, in its opinion, such extension is warranted by the particular
circumstances involved.
The powers and duties of the Town Board shall
be exercised in accordance with the following procedure:
A.
The Town Board shall not decide upon any special permit
without first holding a public hearing. Notice of said hearing and
of the substance of the application shall be given by publication
in the official newspaper of the Town at least 10 days before the
date of such hearing. In addition to such published notice, the Town
Board shall cause such notice to be mailed at least 10 days before
the hearing to all owners of property which lies within 500 feet of
any lot line of the property for which the special permit is sought
and to such other persons as the Town Board may deem advisable. The
names of said owners shall be taken as they appear on the last completed
assessment roll of the Town. Provided that due notice shall have been
published and there shall have been substantial compliance with the
remaining provisions of the section, the failure to give notice in
exact conformance herewith shall not be deemed to invalidate any action
taken by the Town Board in connection with the granting of such special
permit.
[Amended 12-15-2015 by L.L. No. 5-2015]
C.
Each application shall fully set forth the information
requested in such application, and the applicant shall provide such
additional information as the Town Board may from time to time require.
D.
Should any application submitted involve a matter
set forth in § 239-m of the General Municipal Law of the
State of New York or Chapter 277, Section 277.61 or 277.71, of the
Westchester County Administrative Code, the Town Clerk shall transmit
a copy of the application and a copy of the notice of public hearing
to the affected municipality or board as required therein.
E.
Every decision of the Town Board shall be by resolution which shall fully set forth the circumstances of the case and shall set forth a full record of the findings on which the decision is based. Notice of such decision shall be given to the applicant and to the Westchester County Planning Board and the affected municipalities where Subsection D is applicable.
