[Added 2-24-1997 by L.L. No. 2-1997]
A Planning Board shall consist of seven members,
in accordance with state law. The Town Board shall appoint the members
of the Planning Board and designate the chairperson. In the absence
of a chairperson, the Planning Board may designate a member to serve
as acting chairperson.
A.
Special use permits. The issuance of special use permits
allowed by the Zoning Law, as set forth in this article. (Note: No
special use permit shall be issued for a use on a property where there
is an existing violation of the Zoning Law.)
A.
Application for special use permits shall be made
in writing on the appropriate form. Every application shall refer
to the specific provisions of the Zoning Law and shall set forth the
use for which the special use permit is sought, together with a layout
sketch. Four copies of each application shall be submitted to the
Zoning Enforcement Officer, who shall review the application for completeness
prior to forwarding it to the Town Clerk and the Planning Board. One
copy shall be retained by the Zoning Enforcement Officer.
B.
A public hearing shall be held by the Planning Board
before acting on any application for a special use permit. When necessary
under § 239-m of the General Municipal Law, the Planning
Board shall forward the application to the County Planning Board for
its review. The Planning Board shall send, by regular mail, a copy
of the notice of hearing to all owners of property situated within
250 feet of the property which is the subject of the application at
least 10 days before the hearing date.
C.
Every Planning Board decision shall be by resolution,
which shall contain a full statement of the findings in the case,
and shall be recorded in the minutes.
Four sets of the application and site plan shall
be submitted to the Zoning Enforcement Officer which clearly portrays
the intentions of the applicant. These documents shall become part
of the record. Such site plan shall show location of all buildings,
parking, access and circulation, open space, landscaping and other
information necessary to determine that the proposed special use complies
with the intent of the Zoning Law.
A special use permit may be issued for a use
within a district, when authorized by the Planning Board, provided
such use is not inconsistent with the public convenience and welfare.
Such use shall be subject to conditions and safeguards which may be
imposed by the Planning Board to protect the use of neighboring properties.
Such special use permit shall not be granted if it substantially changes
the characteristics of the neighborhood in which the subject property
is located. The Zoning Enforcement Officer, at least yearly, shall
review the use of the property to determine compliance with any conditions
which have been prescribed by the Planning Board in issuing such special
use permit.
A special use permit shall expire when there
occurs a cessation of such use or activity for which said special
use was originally issued, for a period of one year. Upon evidence
that a special use permit has been abandoned, the Zoning Enforcement
Officer shall issue a notice of abandonment to the owner of record
for the property by registered mail. If after 60 days the owner has
not provided satisfactory proof that the special use did not cease,
the Planning Board shall revoke the special use permit.
No special use permit shall be granted by the
Planning Board unless and until the applicant has demonstrated to
the satisfaction of the Board that:
A.
Access to the site and the size of the site are adequate
for the proposed use;
B.
The proposed use will not adversely affect the orderly
pattern of development in the area;
C.
The nature, duration and intensity of the operations
which are involved in or conducted in connection with the proposed
use will be in harmony with nearby uses and will not alter the essential
character of the neighborhood nor be detrimental to the residents
thereof;
D.
The proposed use will not create a hazard to health,
safety or the general welfare;
E.
The proposed use will not be detrimental to the flow
of traffic in the vicinity;
F.
The proposed use will not place an excessive burden
on public improvements, facilities, services or utilities; and
G.
Is consistent with the Town's Comprehensive Plan.
