Maine Town City Zoning Code
ARTICLE X
Special Use Permits
§ 450-48 Planning Board authority.
Pursuant to, and in accordance with, the provisions of Subdivision 2 of § 274-b of the Town Law and other applicable provisions of law, the Town Board of the Town of Maine has authorized the Planning Board of the Town of Maine to issue special use permits as set forth in this chapter.
§ 450-49 Conditions and restrictions.
The Town of Maine Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of any special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town of Maine.
§ 450-50 Waivers.
The Town Board of the Town of Maine has empowered the Town of Maine Planning Board to, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of such special use permits submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in this Chapter 450, Zoning, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.
§ 450-51 Criteria.
The Town of Maine Planning Board may issue special use permits which meet the following criteria:
A.
The applicable provisions prescribed in this Chapter 450, Zoning, for each special use permit have been met.
B.
The land use or activity conforms with all applicable regulations governing the zoning district where it is to be located, and all other applicable provisions for the zoning district for which the said land use or activity is permitted have been met.
C.
The land use or activity is to be designed, located and operated so as to protect the public health, safety and welfare.
D.
The land use or activity will encourage and promote a suitable and safe environment for the surrounding neighborhood and will not cause substantial injury to the value of other property in the neighborhood.
E.
The land use or activity will be compatible with existing adjoining development and will not adversely change the established character or appearance of the neighborhood.
F.
Effective landscaping and buffering will be provided, as may be required by the Town of Maine Planning Board.
G.
Adequate off-street parking and loading will be provided in accordance with this Chapter 450, Zoning, ingress and egress to parking and loading areas will be so designed as to minimize the number of curb cuts and not unduly interfere with traffic or abutting streets; and ingress and egress to the site will be designed to minimize disruption to residents of neighboring properties.
H.
Site development will be planned and carried out so as to:
(1)
Minimize noise originating from the site,
(2)
Minimize noise originating from vehicles going to and from the site,
(3)
Minimize the potential for erosion,
(4)
Avoid potential for harm to the water supplies of neighboring properties, and
(5)
Avoid producing increased surface water runoff onto abutting properties.
I.
Existing public streets and utilities servicing the land use or activity will be adequate.
J.
Significant existing vegetation will be preserved to the extent practicable.
K.
Adequate lighting of the site and parking areas will be provided and exterior lighting sources will be designed and located so as to produce minimal glare on adjacent streets and properties.
L.
The land use or activity will be in harmony with this Chapter 450, Zoning, and will not adversely affect the neighborhood if the above-described provisions are met.