Posted by: Dawn Powell | August 1, 2016

Special Use Permits

Section 165-33 Purpose

 

A. The special permit uses as set forth in this article shall be deemed to be permitted uses in their respective base zoning districts. However, as special permit uses possess certain characteristics which make them incompatible with existing uses, contiguous zoning, permitted uses or future uses, each application for a special use permit shall be considered on its individual merits.
B. The special permit uses as set forth in this section shall be subject to compliance with the requirements and standards set forth herein in addition to all other applicable codes and requirements. Any law, ordinance or code which is more restrictive than the provisions of this article shall be deemed controlling, unless otherwise specified.
The special permit uses as set forth in this article shall be deemed to be permitted uses in their respective base zoning districts. However, as special permit uses possess certain characteristics which make them incompatible with existing uses, contiguous zoning, permitted uses or future uses, each application for a special use permit shall be considered on its individual merits.
 Section 165-35    Standards for Special Use Permit
A. 

In granting a special use permit, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general.
 
B. 

The special use permits as set forth in this article shall be subject to compliance with the requirements and standards set forth herein in addition to all other applicable codes and requirements. Any local law, ordinance or code which is more restrictive than the provisions of this article shall be deemed controlling, unless otherwise specified.
C. 

Except in the case of legal, preexisting nonconforming uses, a special permit use shall conform to the area, yard, lot, coverage and height restrictions of the base zoning district in which it is located, unless otherwise specified.
D. 

Where two or more special use permits are applied for on the same premises, the minimum lot area shall be the total of the minimum requirements for each use as specified in this chapter.
E. 

Before granting a special use permit, the Planning Board shall have concluded that the proposed special permit use:
(1) 

Will have adequate off-street parking for the proposed use.
(2) 

Will be unlikely to cause or result in traffic problems that will imperil public safety.
 
(3) 

Will not adversely affect the quantity or quality of the water supply in the neighborhood.
(4) 

Will not cause a degradation in air quality or of ground- or surface water quality.
(5) 

Will not create erosion or cause sedimentation or siltation.
(6) 

Will have adequate screening and landscaping, if appropriate.
(7) 

Will not create unreasonable noise, glare or other nuisance in the neighborhood.
(8) 

Will be accessible to emergency services.
(9) 

Will not create any hazardous condition.
(10) 

Will be properly maintained after the granting of a special use permit.
(11) 

Will be certified by the Fire Inspector as being in compliance with fire safety requirements.
(12) 

Will submit detailed exterior and interior layout plans at the time of application.
(13) 

Will have New York State, Putnam County Health Department and any other required licenses, permits or approvals.
(14) 

Will comply with site plan regulations.
(15) 

Will provide the Fire Inspector with a list of all chemicals and hazardous materials kept on the premises, if any, and any hazard associated with their exposure to heat, fire and water. All public warnings must be posted.
F. 

Unresolved violations.[1]

[Added 9-15-2010 by L.L. No. 8-2010]
(1) 

No application for special use permit approval shall be entertained for a property where a Notice of Violation has been issued under this chapter or any other local law or ordinance of the Town unless the granting of such special use permit application, together with such other approvals as may be required from the Town, will result in the correction of said violation. Unless waived by the Planning Board for good cause shown in writing by the applicant, and except as otherwise stated below, all activities on the site for which special use permit approval is sought shall cease.
(2) 

The application and permit fees (including, but not limited to, building permits) for those special use permit applications subject to Subsection F(1) above shall be double the fees which would apply to an application for which no Notices of Violation are outstanding.
(3) 

Prior to Planning Board review of any special use permit application subject to Subsection F(1) above, the property in question shall be stabilized to the satisfaction of the Town Engineer and Wetland Inspector.
(4) 

In all cases subject to Subsection F(1) hereof, relief granted by the Planning Board shall expressly be made subject to the assessment of a civil penalty by the Town Board pursuant to § 165-101D of this chapter, or to the Town Board’s waiver of such penalty.

[1]:
Editor’s Note: Former Subsection F, as amended 5-30-2001 by L.L. No. 4-2001, was deleted 6-26-2002 by L.L. No. 7-2002.

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