Inlet Town City Zoning Code
ARTICLE IXA
Special Use Permits
§ 160-77 General provisions.
A.
Applicability. All uses designated by "SUP" on Schedule B herein shall require a special use permit.
B.
Purpose. The purpose of special use permits is to ensure that certain permitted uses are in harmony with the Zoning Law and the Comprehensive Plan and will not adversely affect the neighborhood.
C.
Town Board authority. All applications for special use permits will be decided by the Town Board.
§ 160-78 Applications.
A.
All applications for special use permits will include the information required pursuant to § 160-9 of the Zoning Law.
B.
In addition, the Town Board may require such other information as it determines necessary to make an informed decision on the application.
C.
Application for area variance. Notwithstanding any provision of law to the contrary, where an application for a special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article X of this Zoning Law without the necessity of a decision or determination of the Codes and Zoning Enforcement Officer.
§ 160-79 Procedures.
A.
Within 62 days of receiving a complete application for a special use permit, the Town Board will conduct a public hearing on the application. Public notice of the hearing will be printed in a newspaper of general circulation in the Town at least five days prior to the date of the hearing.
B.
At least 10 days before the hearing, the Town Board will mail notices to the applicant, to the county planning board or agency or regional planning council as may be required by Section 239-m of the General Municipal Law. The notice will be accompanied by a full statement of the proposed action as defined in Section 239-m of the General Municipal Law.
C.
The Town Board will comply with the provisions of SEQRA with respect to any decision to grant or deny the special use permit.
D.
Within 62 after the hearing, the Town Board will make a final decision on the application. This time period may be extended upon mutual consent with the applicant. Notwithstanding, no final decision may be made until the requirements of SEQRA have been complied with.
E.
The decision on the application will be filed with the Town clerk within five business days after the decision is rendered and a copy of the decision mailed to the applicant.
§ 160-80 Conditions.
The Town Board is authorized to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of the special use permit, any such conditions must be met in connection with the issuance of a building permit by the CZEO.
§ 160-81 Waiver of Requirements.
When reasonable, the Town Board is authorized to waive any requirements for the approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver, which will be subject to appropriate conditions determined by the Town Board, may be exercised in the event any such requirements are found not be to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.
§ 160-82 Reimbursement.
Costs incurred by the Town Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant. Prior to incurring such costs the Town Board shall discuss such costs with the applicant, and may require that an escrow account be established for such purpose.