The zoning districts, including subdistricts, established by this chapter reflect varying land use determinations considered to be appropriate for each area in accordance with the Town Plan and the Adirondack Park Plan. Based on such determinations in each district, certain uses are designated as standard uses, which are permitted in all locations in the district, subject to compliance with basic district standards.

Certain other uses are designated as conditional uses because such uses have or may have special characteristics and impacts on surrounding uses in and adjoining the district. Such uses may not be appropriate in all locations in the district. It has been determined that such uses require special control and consideration to determine whether the specific use in a specific location may be permitted or to require that the use be modified to avoid or mitigate any inappropriate and adverse impacts.

Such control of conditional uses is considered to be particularly important in the Town's Commercial Business (CB) Districts primarily concentrated in a corridor along New York State Route 28 in the Thendara, Old Forge and Eagle Bay hamlets of the Town. While recognizing that the various uses identified as conditional uses within the CB District may be desirable and necessary within the Town, it is also recognized that such uses in certain locations may be inconsistent with and detrimental to the pattern, scale and character of not only the established commercial activity areas of the hamlets but the major concentrations of the Town's residential uses within and adjoining the CB Districts, as well as natural, historic, visual and other resources of the Town and Adirondack Park.

The Planning Board is hereby authorized to approve and permit the establishment of certain uses identified as conditional uses within each zoning district, upon a determination by the Board that any such use is in compliance with criteria and standards for the use, in addition to all other requirements of this chapter applicable to the use. As part of such action, the Board is also authorized to approve, approve with modifications or disapprove the site plan for a conditional use, including all elements of the arrangement, layout, design and density of the use on the land.

The enforcement officer shall determine the completeness of any conditional use application, including site plan and other required submissions, and shall notify the applicant within 10 days of the date of submission if such application is incomplete or otherwise deficient in any way and shall further specify the deficiencies required to be completed or corrected in order to submit the application to the Planning Board.

At such time as this chapter is accepted as part of an approved Town of Webb local land use program by the Adirondack Park Agency, all applications for a conditional use which are Class A and Class B regional projects will be referred to the Adirondack Park Agency as required and otherwise reviewed by the Town in accordance with the procedures required in this chapter.

The Planning Board shall conduct a public hearing within 45 days following the date of receipt of a complete application from the enforcement officer, shall review and consider the conditional use under all criteria and standards identified in Subsections D, E and F below, and shall determine and render its decision within 45 days following the date of the hearing. These respective time frames may be extended where a site plan or related application information must be modified by the applicant prior to or following the public hearing and may otherwise be extended by mutual consent of the applicant and the Board.

Notification of the Planning Board's decision to authorize or deny the permit will be given in writing to the enforcement officer and to the applicant, and a copy will be filed with the Town Clerk within five days of the date of the Board's decision.

Where the proposed use involves only the interior conversion or renovation of an existing structure or the addition or alteration of an accessory building, the Board shall require, as a minimum, the following items of information:

Where the proposed use involves a new or additional principal building or other structure or exterior structural renovation of such principal structure, or any significant change in the type or limits of use or development of the lot, the Board may require selected applicable information set forth under Item IIA, Site Plan(s), in Appendix B.

In any instance where the size, location, nature or complexity of the proposed use is such that detailed plans and related information are necessary for a complete understanding of the application, the applicant shall be notified that all information set forth under Item IIA, Site Plan(s), in Appendix B shall be required, as well as any supplemental information specified by the Board.

Site plan review shall be an integral part of the Board's review and decision as to whether to approve and permit a conditional use. A conditional use shall not be approved and permitted until a site plan has been approved without modification. The Board shall review and evaluate a site plan with related drawings and information in terms of the compliance and adequacy of the site plan with all criteria and standards identified in Subsections D, E and F below. The Board may require that a site plan be modified to avoid or mitigate any conditions or impacts identified by the Board which do not reasonably comply with such criteria and standards.

Review criteria and standards for all conditional uses shall be as follows:

The Planning Board shall review and consider the appropriateness and compliance of the use and the site plan for the use under each of the above criteria and standards, as well as the criteria and standards identified in the following Subsections E and F. If the Board determines that the use and the site plan appear to comply with all criteria and standards, the Board shall approve and permit establishment of the use in the location indicated.

If the Board determines that the use and the site plan do not comply with one or more of the criteria and standards and poses potential adverse impacts under such criteria and standards, the Board shall consult with the applicant to explore any modifications in the use and site plan which may avoid or mitigate such adverse impacts. The Board shall consider any proposed modifications made by the applicant.

If any adverse impacts on surrounding uses in the district and adjoining districts appear to be significant and unavoidable, despite mitigation efforts, the Board may determine that the conditional use shall not be approved and permitted.

In its deliberations in the case of all conditional uses, the Board shall consider and weigh the potential desirability and positive benefits of the use in the district and Town against any identified adverse impacts in the location indicated, taking into account all purposes and objectives of this chapter.

It is not the intent of this chapter to dictate or restrict the types, scales, designs, or materials of buildings and site structures, or the locations and arrangements of such elements on the land, except for those restrictions and standards identified in Attachment 1[2] and other sections of this chapter.

However, it is found that the historic architectural and visual character, attractiveness and general image of the Town in its natural setting within the Adirondack Park are important and valuable public assets which promote and support the health and general welfare of the Town and its residents and businesses. This is particularly true within the CB District hamlet corridors along New York State Route 28 which are prominent residential, commercial, public and institutional centers of community and visitor activity in the Town.

It is also found that any extremely dissimilar, unusual, or inharmonious and otherwise discordant exterior design treatment and appearance of new or altered buildings adversely affects the desirability and appeal of surrounding hamlet areas for residential, business and other use and, by so doing, reduces the benefits of existing occupancy and the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, reduces the attractiveness and value of property with attendant deterioration of physical conditions, and imbalances a proper relationship between the taxable value of real property and the feasibility and cost of municipal services which must be provided, all impairing the health and general welfare of the Town and the Adirondack Park.

In order to prevent these and other harmful effects caused by the introduction of such building design in connection with conditional uses in any CB District, the Planning Board shall also consider the architectural and visual design and character of such uses as part of its determination of the appropriateness of the use in the location identified, as follows:

The Planning Board is authorized to discuss and negotiate possible building and lot design modifications with the applicant, with a view toward modifying and mitigating the building and lot design elements or other proposals which the Board finds to be harmful under the above architectural/visual character criteria and standards. The Board may determine that it should not approve and authorize a conditional use which appears to clearly disregard and resist the need for some reasonable consistency and compatibility with the traditional/historical characteristics of surrounding areas.

This is included to provide some flexibility for the Planning Board, at its discretion, to define and consider any unexpected or unknown use identified in an application as being similar to a permitted conditional use, particularly where such use has only minor distinctions from a conditional use not apparent in the definition of the use, or where a use is identical to a conditional use but has come to be described by a different name. The Board may find that such a use is of the same general character, and if such finding is made, the use shall be designated and reviewed as a conditional use under all criteria and standards applicable to the similar conditional use.

In this event, the Board may also establish any additional review criteria and standards for consideration of such use on the lot on which the use is to be located.

If the Planning Board determines that any proposed change or modification to an existing conditional use is substantial, the Board shall hold a public hearing as if for a new conditional use. A change or modification shall be deemed substantial if the proposal significantly changes the use, design, character or potential impacts of the existing use.

The Planning Board may impose conditions on a conditional use in its approval and authorization of a permit, which conditions, in the Board's opinion, are reasonable and necessary to promote the safety, health and general welfare of the community. By way of illustration and not limitation, such a condition could restrict the hours of operation of a conditional use.

All conditional uses are considered to have special characteristics which may not be appropriate in all locations in a district. Each conditional use in each location in which it may be proposed shall be considered an individual case limited to its own facts and circumstances. Approval and authorization for establishment of a conditional use in one location in a district shall not entitle or imply that the same use or a similar use would be capable of satisfying the criteria and standards for the use in any other location in the same district or in any other district.