§ 43-0119 — Land use restrictions within Lake George park

§ 43-0119. Land use restrictions within Lake George park.\n 1. No real property lying within the boundaries of the Lake George\npark shall be used for the operation of a junk yard, automobile grave\nyard, second-hand automobile parts yard, automobile service station\nselling petroleum products or repairing motor vehicles, circus,\ncarnival, shooting gallery, outdoor drive-in theatre, commercial dance\nhall, slaughter house, house trailer camp, trailer court, campsite or\nsimilar use operated for commercial purposes in which dwelling\nfacilities are normally occupied for temporary periods, public dump or\npublic dumping ground, boarding stable or business offering riding\nhorses for hire without a permit therefor having been first obtained\nfrom the village within which such real property is located, or if such\nreal property is not located within a village, from the town within\nwhich such real property is located.\n 2. No such permit shall be granted by any village or town board until\nafter a public hearing has been held on the application therefor. Such a\npublic hearing shall be held only after notice thereof has been\npublished in a newspaper having general circulation in such village or\ntown at least ten days before such hearing and notice thereof has been\nserved on the department, Lake George park commission and all owners of\nreal property within five hundred feet of the premises for which\napplication for such permit is made at least ten days before such\nhearing.\n 3. The village or town board, in granting or denying any application\nfor such a permit shall consider:\n a. the statements made in the application for such permit, all facts\npresented at such hearing and other facts known to such board,\n b. the effect of the proposed use on the general welfare, safety and\nhealth of the public and on the general welfare of the municipality,\n c. the character of the area in which the real property is located,\n d. the suitability of the real property for the use proposed in the\napplication,\n e. whether the proposed use is consistent with the purposes and intent\nof this article,\n f. whether the real property lies within a zone or proposed zone in\nwhich the proposed use is or is proposed to be prohibited, and\n g. whether the proposed use is consistent with standards for the\ngranting or denying of applications for such permits established by such\nboards in furtherance of the purposes of this article.\n 4. The action of a village or town board granting or denying any\napplication for such a permit shall be reviewable pursuant to article 78\nof the Civil Practice Law and Rules.\n 5. The board of trustees of such a village or the town board of such a\ntown may fix reasonable fees for the making of applications for permits\npursuant to this section and reasonable fees for the issuance of such\npermits.\n