A.
The purpose of special use approval is to allow the proper integration into the community of uses which may be suitable only on certain conditions and at appropriate locations. Because of their unusual characteristics or the special characteristics of the area in which they are to be located, special uses require special consideration so that they may be properly located with respect to the objectives of this chapter and their effect on surrounding properties.
B.
Authorization to grant or deny. The Planning Board shall be authorized to grant special use permits as listed in this chapter in accordance with the standards and procedures set forth in § 274-b of the Town Law and in accordance with the standards and procedures set forth in this chapter. In permitting a special use or the modification of a special use, the Planning Board may impose those standards and requirements specified by this chapter and any additional conditions which the Planning Board considers necessary to protect the best interests of the surrounding property, the neighborhood or the Town as a whole. These conditions may include increasing the required lot size or yard dimensions; limiting the height of buildings; controlling the location and number of vehicle access points; increasing the street width; increasing the number of off-street parking and loading spaces required; limiting the number, size and location of signs; and requiring the provision of berms, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. In the case of a use existing prior to the effective date of this chapter, any change in use or in lot area or an alteration of a structure shall conform to the requirements dealing with special uses as are in effect at the time of such change or alteration.
C.
Whenever an approval for a special use is required by this chapter, the applicant shall proceed as follows:
(1)
Such application shall be filed with the Secretary of the Planning Board and shall be accompanied by such fee as shall be established under § 95-18 to cover the costs of the proceeding.
(2)
Such application shall state the nature of the proposed use, the district classification in which the property lies at the time of the application and the necessity for such application, together with such additional information as may be required by the Planning Board.
D.
Special uses are subject to site plan approval, pursuant to Article IX of this chapter; and to the extent possible, consideration of any application for approval of a special use shall be integrated with the site plan approval process.
E.
The Planning Board, after formal acceptance of the application, shall direct a public hearing to be held on the application and fix the date of such hearing, not more than 62 days following receipt of a complete application, which may be held in conjunction with any hearing that is held by the Planning Board with respect to site plan approval. Notice of such hearing shall be given as provided in § 274-b of the Town Law.
F.
Upon the holding of such public hearing, the Planning Board may take such testimony and thereafter conduct such investigation as it deems necessary and shall, within a reasonable time, but not more than 62 days following the date of the public hearing, grant or deny the application or grant the application with modifications.
G.
The decision of the Planning Board shall be filed in the Town Clerk's office within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant. If such special use is approved, the Building Inspector shall issue a building permit or certificate of occupancy, as may be appropriate, in conformity with the decision, upon the payment of any required fees.
A.
In granting or denying approval of any special use, the Planning Board shall consider and shall determine, either from its own knowledge and investigation or from testimony or other information submitted to it, the facts with reference to such of the following matters as are relevant and shall make its decision on the basis of such facts:
(1)
What conditions, restrictions and safeguards are necessary to protect property values in the vicinity of the proposed use and for the protection of the health, safety, morals, peace and general welfare of the community and of the public.
(2)
The effect of the proposed use on the orderly development and character of the neighborhood of the proposed use and upon the development and conduct of other lawful uses in the vicinity.
(3)
Whether the proposed use will be in harmony with the existing and probable future development of the neighborhood in which the premises are situated.
(4)
The number and proximity of the same or similar uses in the neighborhood of the premises.
(5)
Whether the proposed use will be a nuisance in law or in fact and whether the use will be noxious, offensive or injurious by reason of production or emission of dust, smoke, refuse, poisonous substances, odors, fumes, noise, radiation, vibration, unsightliness or similar conditions or will contaminate waters.
(6)
Whether the proposed use will create hazards or dangers to the public or to persons in the vicinity from fire, explosion, electricity, radiation, traffic, traffic congestion, crowds, parking of automobiles or other causes.
B.
A special use permit shall become void one year after approval unless a building permit is issued prior to the expiration of such time period or unless greater or less time is specified by the Planning Board as a condition of approval. The special use permit shall be void if the use shall cease for more than six months for any reason.
C.
After a building permit or certificate of occupancy has been issued upon timely application under this section, the same shall become null and void unless there is physical evidence to demonstrate that the project is in progress within one year, unless the time is extended as herein provided; and after the time for issuance of the permit or certificate has finally expired, no further permit or certificate of any kind shall be issued pursuant to the original grant of authority by the Planning Board.
D.
The Planning Board may, for good cause shown, upon written application made prior to the expiration of any time period specified in this section, extend the time within which a building permit or certificate of occupancy may be issued or within which the work or use may be commenced for successive periods of not to exceed six months each.
E.
The Planning Board, on its own motion, may revoke any special use permit for noncompliance with conditions set forth in the granting of said permit after first holding a public hearing and giving notice of such hearing. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for any person to violate any condition imposed by a special use permit.
