Pursuant to Section 274-b of Article 16 of the New York State Town Law and in accordance with the procedures, standards, and conditions herein specified, the town board is authorized to grant special use permits for the establishment of one or more of the uses for which a special use permit must be secured as specified in this chapter. Under the authority of Section 10 of the Municipal Home Rule Law, this section supersedes Section 274-b of Article 16 of the New York State Town Law.

(LL No. 1, 2021, § 1)

A.

A special use permit shall be required for:

1.

Reestablishment of a prior nonconforming structure, use, and/or lot. See Chapter 17.56.

2.

Expansion of a prior nonconforming use. See Chapter 17.56.

3.

Any and all uses requiring a special use permit under the district use requirements of this chapter. See Section 17.12.010.

B.

Prior to the submission of any application for a building permit or certificate of occupancy for any use requiring a special use permit under this chapter, an application shall be made to the code enforcement officer for a special use permit in the manner and form specified in Section 17.33.030 of this chapter.

C.

Any revision of an approved special use permit or any reconstruction, enlargement, extension, moving or structural alteration of an existing special use shall require approval and submission of a new application for approval.

D.

All buildings, structures, and uses that require a special use permit under this chapter must also obtain site plan approval pursuant to Chapter 17.32, Site Plan Review and Approval.

(LL No. 1, 2021, § 1)

A.

Application. Any application for a special use permit shall be consistent in the manner and form prescribed Chapter 17.64, Administration and Enforcement.

B.

SEQRA.

1.

Any use requiring a special use permit shall be deemed to be either a type I or unlisted action.

2.

If there is any other involved agency, the action shall undergo coordinated review.

3.

An application for a special use permit shall not be deemed final until the planning board or another involved agency serving as lead agency shall have completion of a DEIS or have found and made a negative declaration significant environmental impact based upon documentation including but not limited to an environmental assessment form.

C.

Public Hearing. A public hearing shall be required for every special use permit and be held by the town board. The public hearing and official notice shall comply with the requirements of Section 274-b of Article 16 of the New York State Town Law and may be combined with a public hearing held pursuant to SEQRA. The notice shall contain an agriculture data statement required by Section 283-a of New York State Town Law.

D.

Area Variance. Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with the bulk and density requirements of this title or other physical or dimensional requirements, application may be made to the zoning board of appeals for an area variance pursuant to Chapter 17.60 of this title.

1.

Such application shall be made part of the application for such special use permit;

2.

The fee for such application shall be in addition to that required for said special use permit.

(LL No. 1, 2021, § 1)

The town board may grant a special use permit, provided that it finds that all of the following conditions and standards have been met for each proposed use or structure:

A.

The proposed action shall comply with the applicable requirements contained in Sections 17.33.020, 17.33.030, and will be consistent with the purposes of the district in which it is located.

B.

The location, size, and use of any structure(s), nature and intensity of operations involved, size of the site in relation to the proposed structure(s), and the location of the site with respect to roads giving access to it are such that the proposed use will be in harmony with orderly development of the district.

C.

The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair their value.

D.

The proposed use shall not conflict with the intent of the town comprehensive plan, or any part thereof, latest update.

E.

Operations of any special use shall not be more objectionable to nearby properties than would be the operations of any unconditionally permitted use.

F.

A special use permit shall not be issued for a use on a property where there is an existing violation of this local law and/or state uniform code.

G.

The use shall not have an adverse effect on the agricultural resources of the area.

H.

The proposed use shall be in strict compliance with the requirements of Chapter 17.36.

I.

The proposed use will not result in excessive off-premises noise, dust, odors, solid waste, or glare, or create any public or private nuisances.

J.

The proposed use will not cause significant traffic congestion, impair pedestrian safety, or overload existing roads considering their current width, surfacing, condition, and any proposed improvements made to them by the applicant.

K.

The proposed use will be suitable for the proposed action considering the property's size, location, topography, vegetation, soils, protected natural habitat, hydrology, and if appropriate, its ability to be buffered or screened from neighboring properties and public roads.

L.

The proposed use will be subject to such conditions on operation, design, and layout of structures and provision of buffer areas as may be necessary to ensure compatibility with surrounding uses and to protect the natural, historic, and scenic resources of the town.

(LL No. 1, 2021, § 1)

The town board may approve the application, approve with conditions, or deny the application.

A.

Decision. Any decision by the town board to grant or deny a special use permit shall include either a negative declaration of environmental significance or a written findings statement consistent with the requirements of SEQRA, and in addition shall contain a statement of its findings regarding the appropriateness of the use so authorized and the conditions required in the special use permit, or its reasons for denial. In granting any approval, the town board shall impose any conditions that may be necessary to ensure that the proposed use will be compatible with its surroundings.

B.

Filing. Within five business days from the date of adoption of a resolution approving the special use permit, the town supervisor or other duly authorized member of the town board shall cause a copy of such resolution to be filed in the office of the town clerk. Simultaneously of the filing with the town clerk, an additional copy of such resolution shall be delivered to the code enforcement officer and such resolution shall be deemed to authorize the issuance of a building permit.

C.

Conditions. The town board shall attach to the special use permit such conditions and restrictions as are deemed necessary and appropriate. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by the code enforcement officer. The town board shall attach a condition that site plan approval is obtained prior to the issuance of any building permit or certificate of occupancy, when the town board report contains a recommendation for such approval.

D.

Expiration.

1.

A special use permit shall be deemed to authorize only the particular use or uses specified in such permit and shall expire if:

a.

A certificate of occupancy is not issued within two years from the date of approval of such special use permit;

b.

If the certificate of occupancy is revoked for any reason;

c.

If the authorized use or uses shall cease for more than one year for any reason; or

d.

If the required improvements are not maintained and all conditions and standards complied with throughout the duration of the use.

2.

Extension of Expiration. Upon written application to the town board, the board may extend the time of validity of special use approval for a period of time no more than three years from the date of approval of such special use permit.

E.

Revocation. In accordance with the provisions of Chapter 15.04 and Section 17.32.190, a special use permit may be revoked by the town board as a permit related to the certificate of occupancy.

(LL No. 1, 2021, § 1)