§ 450-79. Duration and expiration of special permits.  


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  • This chapter establishes uses in the various zoning districts that are permitted only by special permit. A number of the uses so established as permitted only by special permit require such a substantial capital investment that the Town Board has determined that such special permits should be considered to be permanent subject to revocation only if the conditions of the special permit are not complied with or if the use is discontinued for a significant period of time. There are other special permits that, although they may require a substantial capital investment, involve uses which could in the future no longer be compatible with other uses in the vicinity and should therefore be subject to termination after a reasonable period of time sufficient to allow for the amortization of the investment by the applicant or if the use is discontinued for a significant period of time. This section shall not apply to special permits specifically provided for home-based businesses which shall be governed by the provisions contained in Article X of this chapter.
    A. 
    Uses by special permit that are deemed to be permanent subject to revocation only if the conditions of the special use permit are not complied with or if the special use shall cease for more than one year shall include the following uses by special permit:
    (1) 
    Hospitals and sanatoriums.
    (2) 
    Nursing homes.
    (3) 
    Private schools.
    (4) 
    Golf courses.
    (5) 
    Animal cemeteries.
    (6) 
    Forest farming.
    (7) 
    Fire stations.
    (8) 
    Cemeteries.
    (9) 
    Small animal hospitals.
    (10) 
    Research and testing facilities.
    (11) 
    Dwellings.
    (12) 
    Towers.
    (13) 
    Agribusiness.
    (14) 
    Agritourism business.
    B. 
    Uses by special permit that are deemed to be permanent but subject to termination as no longer compatible with other uses in the vicinity but only after a period of five years or if the special use shall cease for more than six months include the following uses by special permit:
    (1) 
    Gun clubs or shooting ranges.
    (2) 
    Horse training tracks.
    (3) 
    Kennels.
    (4) 
    Bed-and-breakfasts.
    (5) 
    Buildings for parks, recreation, clubs and fraternal organizations.
    (6) 
    Drive-in theaters.
    (7) 
    Ice and roller skating rinks.
    (8) 
    Golf driving range.
    (9) 
    Car washes.
    (10) 
    Used motor vehicle sales.
    (11) 
    Adult uses.
    (12) 
    Sanitary demolition and construction debris or hazardous waste landfills.
    (13) 
    Junkyards.
Amended 12-29-2015 by L.L. No. 7-2015