A. Authorization. The Planning Board is hereby empowered and authorized to review and approve, approve with modifications and/or conditions, or disapprove special use permit applications as provided in this chapter pursuant to New York State Town Law § 274-b.
B. Purpose. The special use permit approval process seeks to ensure that identified special permitted uses are established in a manner that is appropriate and compatible to a site, adjoining properties, the neighborhood, and zoning district. These uses may be permitted if an applicant can demonstrate adherence to the specific regulations contained herein and provide adequate protection to the site, adjoining properties, the neighborhood, and zoning district.
C. Approval required. Where special use permit approval is required by this chapter, no building permit or certificate of occupancy shall be issued by any of the enforcement officials designated by
§ 500-83: Enforcement official designated until such special use permit has been approved by the Planning Board as provided herein. In addition, no premises shall be occupied or used and no permanent certificate of occupancy shall be issued until all of the requirements of this chapter and any conditions of special use permit approval have been complied with. Where site plan review is also required by this chapter, site plan review shall be conducted contemporaneously with the review of the special use permit application. No authorization is granted for a waiver of the requirement to obtain a special use permit, and no authorization is granted to separate the review of the special use permit from the review of the site plan.
D. Violations. Upon written report or receipt of a notice of violation or an order to cease and desist from the enforcement official for a violation of this chapter, the Planning Board shall not review, hold public meetings or public hearings, and shall take no action regarding an application for special use permit approval until notified by the enforcement official that such violation has been cured or ceased by the applicant. However, the Board may, upon recommendation of the enforcement official, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with this chapter.
E. Noncomplying uses deemed prohibited. Any use which is unable to meet the performance standards required in this article, as determined by the Planning Board, shall be deemed a prohibited use, and a special use permit shall be denied by said Board.
F. Property owners to make application. All applications for special use permits shall be executed by the owner of the subject property authorizing the application and agreeing to be bound by the decision of the Board.
