Section 43-0119. Land use restrictions within Lake George park

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