The special uses for which conformance to additional standards
is required shall be deemed to be permitted uses in their respective
districts, subject to the satisfaction of the requirements and standards
set forth herein, in addition to all other requirements of this chapter.
All such uses are hereby declared to possess characteristics of such
unique and special form that each specific use shall be considered
as an individual case.
The Town Board may, upon application and a public hearing thereon,
issue a special permit when:
A. It has been determined that such special use is in accordance with
the purpose and intent of this chapter and will not be hazardous,
harmful, offensive or otherwise adversely affect the environment or
the value of the neighborhood or the community.
B. It has been understood that conditions, such as landscaping, architectural
design, type of construction, construction commencement and completion
dates, sureties, lighting, fencing, planting screens, operational
control, hours of operation, improved traffic circulation, highway
access restrictions and increased yard or parking requirements, may
be required by the Town Board upon its finding that these are necessary
to fulfill the purpose and intent of this chapter.
A site plan for the proposed development, as required in Article
XII, shall be submitted as part of the application, clearly showing that satisfactory provisions have been made concerning the following, where applicable:
A. Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety, traffic
flow and control and access in case of fire or catastrophe.
B. Off-street parking and loading areas, where required, with particular attention to Subsection
A above and to the impact on adjoining properties.
C. Refuse and service areas, with particular reference to Subsections
A and
B above.
D. Utilities, with reference to locations, availability and compatibility.
F. Screening and buffering with reference to type, dimensions and character.
G. Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, economic effect and compatibility and harmony with
properties in the zoning district.
H. Required yards and other open space.
I. General compatibility with adjacent properties and other property
in the district.
A special permit shall be deemed to authorize only one particular
special use and shall expire if the special use shall cease for more
than six months for any reason.
No permit shall be issued for a special use for a property where
there is an existing violation of this chapter.
Subject to all the above provisions, requirements and procedures
of this article and with special regard for the comfort, safety, welfare
and property rights of the residents of the neighborhood, the Town
Board may issue a temporary special permit for special uses not listed
elsewhere and not conforming to the provisions of this chapter, but
which, due to the limited nature of their operations, would have no
significant adverse effect on the neighborhood.
A. Permit renewal.
(1) Time limit for a temporary special permit shall be one year.
(2) Requests for renewal shall be submitted in writing to the Town Board,
accompanied by a fee as set by the Town Board.
(3) Notices of request for renewal shall be mailed to neighboring property owners as set forth in §
365-69C of this article.
(4) The request shall be reviewed and an inspection made of the property
by the Building Department to verify continued compliance with the
necessary criteria and conditions established with the initial approval.
The Building Department shall report its findings to the Town Board
which, upon a determination of compliance, may renew the temporary
special permit for one year.
B. Voiding of permit.
(1) The Town Board may void any temporary special permit for noncompliance
with the conditions set forth in approving the permit.
(2) Failure of applicant to renew permit shall result in automatic termination
of the special use. For renewal, applicant must pay initial application
fee and reapply for another permit.